AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this petition is to order dated 17.5.2010 (Annexure P-9), passed by the Financial Commissioner and Secretary to Government, Punjab, Rural Development and Panchayats Department, vide which the revision petition filed by respondent No.4-Charanjit Kaur has been allowed.

(2.) RESPONDENT No.4 was elected as Sarpanch of Village Dhangrali, Block Morinda, District Ropar. Certain allegations were made against respondent No.4 on the ground that she did not pursue the cases against persons in unauthorised possession of panchayat land and, therefore, had misconducted herself. The defence taken by respondent No.4 is to the effect that after her election, a request was made to the District Development and Panchayat Officer, Ropar, for issuance of warrants of possession, for clearance of unauthorised possession. Thereafter, warrants of possession were taken. Before the warrants of possession could be executed, civil court passed orders of stay and, therefore, no action could be taken by the Gram Panchayat. Thus, order dated 11.3.2010 (Annexure P-8), passed by the Director, Rural Development and Panchayats, Punjab, directing removal of the petitioner from the office of Sarpanch, is against facts.

(3.) WHILE learned counsel for the petitioner (complainant) contends that there was no stay, as would be evident from the documents placed on record with the petition, learned counsel for respondent No.4 contends that there was a stay and one such order has been placed on record as Annexure R-4/7.