GURMAIL CHAND Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) The challenge in this writ petition by the petitioner, is to the impugned letter, bearing No.1207 dated 29.3.2011 (Annexure P2), by means of which, the Block Development & Panchayat Officer, Mahilpur (respondent No.3) directed the petitioner to deposit Rs. 4,58,245/- within a period of one week in the panchayat fund.

(2.) As is evident from the record that in the wake of previous general elections held in the year 1983, the petitioner was elected as Panch and Chand Ram was elected as Sarpanch of Gram Panchayat, Mahilpur, District Hoshiarpur, in view of the provisions of The Punjab Panchayati Raj Act, 1994 (hereinafter to be referred as "the Act"). The earlier Sarpanch resigned and Ujagar Singh was elected as new Sarpanch in the year 1985. As soon as, Ujagar Singh Sarpanch was suspended on 15.12.1992, thereafter, the petitioner was elected as acting Sarpanch of the indicated Gram Panchayat. Ultimately, the period of previous Sarpanch ended in the year 1993, whereas the fresh elections of Gram Panchayat were held.

(3.) The petitioner claimed that he contested the elections in the year 1993, after obtaining the 'no dues certificate' (Annexure P1), but he remained unsuccessful. According to him that Narinder Kumar remained as Sarpanch of the village from 1993 to 1998, Dev Raj from the year 1998 to 2003, Tarsem Lal was elected as Sarpanch in the year 1998 and presently Smt.Mindho Devi is the Sarpanch of the Gram Panchayat of the village.