SURINDER KAUR Vs. KULWANT KAUR

JUDGEMENT

(1.) This order shall dispose of two appeals bearing FAO No. 5853 of 2009 titled as Surinder Kaur v. Kulwant Kaur and Ors. and FAO No. 5852 of 2009 titled as Rajinder Kaur v. Rano and Ors.. Since identical question of law is involved in both the appeals, therefore, these appeals are being disposed of by this common order.

(2.) The question of law involved in these appeals is "whether election of a lady Panch can be set aside on the ground of her husband being in unauthorised possession of the panchayat land ?

(3.) For the sake of convenience, facts are being extracted from titled as Surinder Kaur v. Kulwant Kaur and Ors. FAO No. 5853 of 2009. To constitute Gram Panchayat Tanda Churian, Tehsil Mukerian, District Hosiarpur, election was held on 26.5.2008. Both the Appellants Surinder Kaur and Rajinder Kaur were elected as members Panchayat (General Category-lady reserve). After her election, Respondent No. 1 Kulwant Kaur filed a frivolous complaint against the Appellant to the Director, Rural Development and Panchayats, Punjab with regard to her husband being in unauthorised possession over the panchayat land. A preliminary enquiry was conducted by the District Development and Panchayat Officer, Hoshiarpur, who after enquiry advised to conduct disciplinary proceedings against the Appellant vide his letter dated 1.8.2008. The Appellant was placed under suspension by the Director, Rural Development and Panchayats vide his order dated 17.3.2009. The Appellant challenged the said order in appeal before the Financial Commissioner who disposed of the appeal with a direction that regular enquiry against the Appellant be conducted and concluded within a period of three months. Regular enquiry was marked by the Director, Rural Development and Panchayats to the Addl. Deputy Commissioner, Hoshiarpur, who had found that the Appellant is not in illegal possession of the panchayat land and as such, the charge framed against her was not proved.