MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that in the wake of Gram Panchayat election, the petitioner was elected as a Panch on 26.05.2008, in view of the provisions of The Punjab Panchayati Raj Act, 1994 (herein referred to be as "the Act"). Subsequently, on 28.07.2008, he was elected as a Sarpanch of the Gram Panchayat of village Narikey, District Sangrur.

(2.) Petitioner claimed that he started many development works but respondent Nos. 4 to 9 were not interested in the development works in the village. They pressurized the petitioner to resign from the post of Sarpanch under the influence of local leader. They were stated to have obtained his signatures on blank paper and prepared his resignation letter. When he (petitioner) came to know, although he withdrew the resignation before the expiry of statutory period of 15 days under the Act but the same was wrongly accepted, which necessitated him to challenge it through the medium of CWP No.17190 of 2010. The said writ petition was allowed and the impugned order dated 04.10.2010 accepting his resignation was set aside by this Court.

(3.) The case of the petitioner further proceeds that immediately thereafter the Block Development and Panchayat Officer, Block Malerkotla-I, District Sangrur (respondent No.3) (for short "the BDPO") issued letter/notice dated 06.10.2010 (Annexure PI) to convene a meeting of the Gram Panchayat for 14.10.2010 without any basis. The BDPO did not give seven clear days notice to the petitioner.-A false report of Chowkidar was got prepared that the notice was pasted on the wall of the house of the petitioner on 12.10.2010. Thereafter, on 14.10.2010, the private respondent Nos.4 to 9 were stated to have passed the impugned resolution of no confidence motion (Annexure P2) against the petitioner in the alleged meeting held under the chairmanship of Gurjant Singh, Junior Engineer of Block Malerkotla