MUKHTIAR SINGH Vs. DIRECTOR PANCHAYATS PUNJAB CHANDIGARH

JUDGEMENT

(1.) Mukhtiar Singh petitioner was elected Sarpanch of Panchayat Midha, Tahsil Muktsar, District Faridkot, Karnail Singh respondent and seven others detailed in Paragraph No. 2 of the writ petition are the members of this Panchayat, Karnail Singh respondent and five others Panches moved an application on October 13, 1980, before the District Development and Panchayat Officer (hereinafter the DDPO) respondent for calling a meeting for moving a vote of no-confidence against the petitioner. The DDPO fixed a meeting for this purpose on November 8, 1980. The meeting was convened on the date fixed and was attended by the petitioner and the remaining eight members of the Panchayat. A vote of confidence was moved against the petitioner which was carried by six votes in its favour. During the same meeting Karnail Singh respondent alone was proposed to be elected as a Sarpanch of the Panchayat and was consequently declared elected.

(2.) A complaint was made against Karnail Singh respondent that despite notice and knowledge he had not attended by Panchayat; meeting for over a year since before August 22, 1979. The DDPO vide order dated November 3, 1980(P. 1) placed him under suspension under Section 102(4) of the Punjab Gram Panchayat Act (hereinafter the Act) and further restrained him from attending the meeting of the Gram Panchayat, Midha. The DDPO vide order dated November 4, 1980(p. 1) rescinded the suspension of Karnail Singh holding that the latter had appeared before him and he was satisfied with his explanation. Karnail Singh respondent thus attended the meeting of the Panchayat held on November 8, 1980, wherein vote of no confidence against the petitioner was carried by six votes.

(3.) The petitioner has filed the present writ petition praying that the vote of no confidence against him on November 8, 1980, be quashed inasmuch as he had not been given a notice for that purpose as prescribed under law and further the suspension order against Karnail Singh respondent which was passed on November 4, 1980, with the result that his participation in the meeting no November 8, 1980, was illegal. It is also the case of the petitioner that the meeting held on November 8, 1980, had not been called within the statutory period. The vote of no-confidence passed against him in this meeting is liable to be quashed on this ground as well.