BHIM SINGH SARPANCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has sought a writ in the nature of certiorari for quashing order dated 31st March, 2010 (Annexure P-4), passed by respondent No.1 as well as order dated 19th January, 2010 (Annexure P-3), passed by respondent No.2, whereby it was directed that the petitioner be removed from the post of Sarpanch.

(2.) BRIEF factual background of the case is that the petitioner was elected as Sarpanch of village Manana, District Panipat in the election held in March, 2005. A show cause notice dated 12th January, 2009 was issued to the petitioner alleging that he had embezzled Panchayat funds. Fifteen different allegations were levelled against the petitioner. After regular enquiry, it was found that petitioner was guilty of 12 allegations and thus, vide order dated 19th January, 2010, the Deputy Commissioner, Panipat removed the petitioner from the post of Sarpanch. The petitioner preferred appeal under Section 51 (5) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to be as "the Act") before respondent No.1. The same was, however, dismissed by a detailed order dated 31st March, 2010. Aggrieved, the present petition has been preferred before this court seeking quashing of impugned orders, Annexure P-3 and P-4.

(3.) I have heard learned counsel for the petitioner and given careful thought to the facts of the case.