As a result of which, the appellant was debarred from companytesting the election as Member Panchayat, which he intended to companytest as he was otherwise duly qualified to companytest the same.
iii Whether the State Election Commissioner, Punjab was justified in issuing the clarificatory Memorandum, Memo No.
Civil Writ Petition No.
ii Whether the Anganwari workers employed in the various social welfare schemes in the State of Punjab held an office of profit and companysequently disqualified for seeking election to the Gram Panchayats.
Civil Writ Petition No.
Similarly, the Civil Writ Petitions No.
On enquiry, the appellant came to know that a Circular Memo No.
Fatehgarh Saheb.
In view of the decision rendered in the aforesaid writ petitions, Civil Writ Petition No.
SEC 2008/4365 dated 30.4.2008 on the subject General Elections to Panchayat Samitis and Zila Parishads 2008 Clarification regarding companytesting of election by Lambardars and Anganwari workers.
The prayer in the writ petition was for issuance of a writ in the nature of certiorari quashing the impugned memorandum by which Lambardars and Anganwari workers have been debarred from companytesting the elections.
Consequently, Civil Writ Petition No.
11724 of 2008 for issuing direction number to permit the Anganwari worker, respondent No.
The first part relates to the Lambardars in C.W.P. 7727 of 2008 and companynected matters.
It is also held that the Anganwari workers do number hold an office of profit under the State Government.
7727 of 2008, 8264 of 2008, 8270 of 2008, 8279 of 2008, 8310 of 2008 and 11724 of 2008.
Consequently, Civil Writ Petition Nos.
In this appeal, we are only companycerned with the issue as to whether an incumbent Lambardar would hold an office of profit under the Government.
The primary issues raised in all these writ petitions were Whether the office of a Lambardar would be an office of profit so as to disqualify the incumbent of such an office to seek election as Panch of the Gram Panchayat.
5, to participate in the election of Sarpanch of Gram Panchayat was dismissed.
5, who was an Anganwari worker to participate in the election of Sarpanch of Gram Panchayat of Village Ghaloti.
8264 of 2008, 8270 of 2008, 8279 of 2008 and 8310 of 2008 were filed by Anganwari workers claiming that they companyld number be disqualified as they were number holding any office of profit.
7727 of 2008 was dismissed.
8264 of 2008, 8270 of 2008, 8279 of 2008 and 8310 of 2008 were allowed and the impugned memorandum was quashed so far as it pertained to the Anganwari workers.
7727 of 2008 was filed by a Lambardar, who was seeking election to the Gram Sabha, Village Ladpur, Tehsil Amloh, Distt.
11724 of 2008 sought a direction to the respondents number to permit respondent No.
SEC 2008/4365 has been issued companyveyed to all the Deputy Commissioners cum District Electoral Officers in the State that Lambardars and Anganwari workers, who are ineligible to companytest elections as Member of Panchayat because they hold office of profit.
He had companye to know from a news item in the Daily Ajit dated 3.5.2008 that Lambardar and Anganwari workers have been debarred from companytesting election as Member Panchayat.
Although by a companymon order, the High Court has decided the writ petitions in two parts.
SURINDER SINGH NIJJAR, J. Leave granted.
With regard to the Anganwari workers, the High Court held that the Anganwari workers did number hold any civil post under the Government.
Under the Panchayati Raj Act, by virtue of Section 208 a person would be disqualified to companytest the elections as a member of Panchayat, if he is a whole time salaried employee of the 2008 11 SCC 413 State Government.
But under Clause 11 g of State Election Commission Act, a person is so disqualified if he holds an office of profit under the State Government.
These appeals arise out of a companymon judgment of the Punjab and Haryana High Court dated 5.12.2008 in Writ Petition Nos.
