LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts, which needs a necessary mention for a 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 Gram Panchayat Elections, the petitioners along with private-respondents were elected as Panches of Gram Panchayat of village Bhittewad, Block Harsha Chhina, Tehsil Ajnala, District Amritsar, in view of the provisions of The Punjab Panchayati Raj Act,1994 (hereinafter to be referred as "the Act").

(2.) The petitioners claimed that on 17.7.2008, first meeting of the Panches, was convened to elect the Sarpanch out of 9 elected Panches. It was adjourned on the ground of incomplete quorum, vide letter (Annexure P-l). The next meeting to elect the Sarpanch, scheduled on 21.7.2008 at 10 A.M. was again postponed on the ground that notices were not actually served to all the elected members panchayat.

(3.) The case set up by the petitioners, in brief in so far as the relevant, was that on 21.7.2008, petitioners received the notice (Annexure P-2) of the meeting to elect the Sarpanch, scheduled to be held on 23.7.2008 at 2 P.M. in the office of Block Development and Panchayat Officer,(for short "B.D.P.CT.) Harsha Chhina. Apprehending some malpractice in the election, petitioners approached the Deputy Commissioner, Amritsar on 22.7.2008, vide application (Annexure P- 3) to appoint an observer to conduct the election of Sarpanch scheduled to be held on 23.7.2008 at 2 P.M. in the office of B.D.P.O. It was claimed that although (respondent No. 8) an observer appointed by the Deputy Commissioner, (respondent No. 4) and the petitioners were present on the scheduled date on 23.7.2008 at 2 P.M. as per the notice, in the office of BDPO, but neither the Presiding/Returning Officer, nor Panchayat Secretary nor private respondents/Panches came present there, in order to frustrate the election of Sarpanch on the basis of majority. The matter was reported to Additional Deputy Commissioner-cum-District Election Officer in this respect, vide letter (Annexure P-4).