MOHINDER PAL Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner-Sarpanch has challenged the resolution of 'No Confidence Motion' stated to have been passed against him on 22.10.2010 being illegal and arbitrary on the ground that the same was not carried by the requisite two-third majority.

(2.) The petitioner was elected as Sarpanch of Gram Panchayat Ghuhanpur on a post reserved for Scheduled Caste (Male). The petitioner was elected as Scheduled Caste (Male) Punch. The Panchayat in the village consists of five Punches. No Confidence Motion was passed against the petitioner by 3 Punches out of 5. The charge of the Panchayat accordingly is given to authorised Punch-respondent No.5. The petitioner would point out that incidentally the provisions of Section 19 of the Panchayat Raj Act, 1994, which provided for removal of a Sarpanch by way of No Confidence Motion if voted by 2/3 rd members have been deleted from the Statute in the year 2011.

(3.) The plea of the petitioner in the present case, however, is that 3 Punches out of total 5 would not constitute two-third majority and, accordingly, it is urged that the resolution is illegal and, thus, cannot be sustained. Reference is made to the precedents settling this position of law in a clear and categorical manner. Still, this resolution has been affirmed by the official respondents and the petitioner stands removed from the office of Sarpanch.