JEET SINGH PANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Very interesting question of law arises in the present writ petition i.e. as to whether authorized Panch can spend Gram Panchayat fund for the development works in the village during the period Sarpanch remains under suspension?

(2.) To understand the controversy brief facts are required to be narrated, which inter alia are that elected Sarpanch was placed under suspension vide order dated 17.5.2011under Section 20(4) of the Punjab Panchayati Raj Act (hereinafter called 'the Act'). Thereafter, Gurmail Singh, respondent No. 4, was elected as authorized Panch in a meeting duly called and held in view of Section 20(5) of the Act and entire charge was handed over to him by the Sarpanch, who was placed under suspension.

(3.) Mr. Raj Kumar Garg, learned counsel appearing for the petitioner, has vehemently argued that if Sarpanch is placed under suspension, authorized Panch can hold the entire record of the Panchayat and shall be custodian of the Panchayat fund in view of Section 87 of the Act, however, authorized Panch has no jurisdiction to act as Sarpanch or to spend the Panchayat fund for the development works in the village. Mr. Garg has vehemently argued that Section 20(5) as well as Section 87 of the Act only provide that authorized Panch shall be custodian of the Panchayat property but no provision under the Act empowers such authorized Panch to spend money for the development works in the village during the period Sarpanch remains under suspension.