AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts, which needs a necessary mention 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 Gram Panchayat elections, Jasbir Kaur (respondent No. 4) was elected as a Sarpanch of Gram Panchayat of village Rai Chak, Block Dhariwal, District Gurdaspur, in view of the provisions of The Punjab Panchayati Raj Act, 1994 (hereinafter to be referred as ''the Act''). As respondent No. 4 was in unauthorized and illegal possession of Gram Panchayat land and refused to vacate the same, therefore, in pursuance of the complaint of petitioner-complainant Ajit Singh and others, the Block Development and Panchayat Officer (for brevity ''BDPO'') (respondent No. 3) inspected the spot and reported the matter to the District Development and Panchayat Officer (for short ''DDPO''), by virtue of reports dated 23.11.2009, 19.11.2009 and 2.2.2010 (Annexures P1 to P3) respectively. Accordingly, a show cause notice was issued to respondent No. 4, to which, she filed the reply.

(2.) Taking cognizance of the indicated reports and after considering the entire material on record, the Director, Rural Development and Panchayat Department (for brevity ''Director'') (respondent No. 2) suspended respondent No. 4 from the post of Sarpanch, in exercise of powers under section 20(4) of the Act, by way of order dated 25.8.2010 (Annexure P4).

(3.) Aggrieved by the order (Annexure P4), respondent No. 4 filed the appeal, without impleading the petitioner-complainant as parties. Her appeal was accepted and she was reinstated on the post of Sarpanch by the Financial Commissioner and Secretary, Department of Rural Development and Panchayats, Punjab (respondent No. 1) (for short ''appellate authority''), by means of impugned order dated 11.10.2010 (Annexure P5).