MALOOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUCCINCTLY , the relevant facts, which require to be noticed for deciding the core controversy, involved in the instant writ petition and emanating from the record, are that in the wake of general Gram Panchayat election, the petitioner was elected as a Sarpanch of Gram Panchayat of village Amir Shahwala, Block Makhu, Tehsil Zira, District Ferozepur, on 19.07.2008, in view of the provisions of The Punjab Panchayati Raj Act, 1994(hereinafter to be referred as "the Act ").

(2.) THE petitioner claimed that the rival group of Panches started making efforts, to get him illegally removed from the post of Sarpanch due to political vendetta and get elected their own Sarpanch. In order to fulfill their evil design, respondent Nos.5 to 7 approached The Block Development and Panchayat Officer, Makhu(respondent No.4)(for short "the BDPO ") and filed an affidavit to initiate 'No Confidence Motion' proceedings against him(petitioner) on the ground that he did not enjoy confidence of majority of the Panches.

(3.) THE case of the petitioner further proceeds that the BDPO with a mala fide intention, in connivance with respondent Nos.5 to 7 and under political pressure, allegedly held a secret meeting on 01.11.2010 and stated to have passed the impugned Resolution(Annexure P-2) of 'No Confidence Motion' against the petitioner and elected respondent No.5 as an authorised Panch to exercise the powers of Sarpanch.