ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The compendium of the facts, culminating in the commencement, relevant 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 general Grain Panchayat elections held on 26.5.2008, petitioner Ashok Kumar was elected as a Sarpanch, while Gurcharan Dass (respondent No. 5) alongwith Kulwinder Singh and Kamlesh Chander were elected as Members of Gram Panchayat of village Tajpur, District Jalandhar, in view of the provisions of The Punjab Panchavati Raj Act, 1994 (hereinafter to be referred as ''the Act''). The respondent No. 5 and other Members panchayat intentionally blocked the disposal of water entering into the village pond with empty cement and plastic bags. They have also broken the water course, culminating in accumulation of the water near the newly constructed boundary wall around the pond, which was felled in it, causing huge loss to the property of the Panchayat amounting to Rs. 87,500/-.

(2.) The petitioner-complainant Ashok Kumar Sarpanch claimed that he made a complaint dated 6.6.2008 (Annexure P-1) in this regard to District Development and Panchayat Officer (for brevity ''DDPO'') (respondent No. 4). The Block Development and Panchayat Officer (for short ''BDPO) conducted the inquiry and submitted his report dated 24.12.2008 (Annexure P2). The Divisional Deputy Director, Village Development and Panchayat (respondent No. 3) referred the matter to the Director, Department of Rural Development and Panchayat, Punjab (for brevity ''Director) (respondent No. 2), by virtue of report dated 24.5.2010 (Annexure P3). Taking cognizance of this report, the Director removed respondent No. 5 and others from the posts of Panches, in exercise of his powers under section 20 of the Act, by way of order dated 23.7.2010 (Annexure P4).

(3.) Dissatisfied with the order (Annexure P4), respondent No. 5 filed the appeal without impleading the petitioner-complainant as a party (respondent). The appeal was accepted by the Financial Commissioner and Secretary, Department of Rural Development and Panchayats, Punjab (respondent No. 1) (for short ''appellate authority'') and reinstated him (respondent No. 5) on the post of Panch, by means of impugned order dated 30.8.2010 (Annexure P5).