PREM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was removed from the post of Sarpanch by passing a no confidence motion against him on 27.9.2010. He has accordingly filed the present petition to impugn the said resolution on the ground that the same is illegally passed and, thus, can not be sustained. The elections to the Gram Panchayat in Village Patti Puran, Block Fazilka, District Ferozepur, were held on 26.5.2008. The petitioner and private respondent Nos. 4 to 7 were elected as Members Panchayat. Since the petitioner alone belonged to reserved category and the post of the Sarpanch being reserved for scheduled caste, he was elected as Sarpanch on 22.7.2008.

(2.) While the petitioner was discharging his duties honestly, the other members resorted to his harassment, he being from scheduled caste category. On 12.3.2010, a resolution was passed that the Panchayat Ghar was in a dilapidated condition, so it be reconstructed afresh. A grant of Rs. 1 lac was received for this purpose. The Block Development and Panchayat Officer (for short, "BDPO"), Fazilka forwarded the resolution to the SDO, Fazilka, but still the private respondents did not agree to work with the petitioner. Instead, they convened a meeting in the office of BDPO, Fazilka on 27.9.2010 and passed a no confidence motion against the petitioner. The resolution was sent to District Development and Panchayat Officer, Ferozepur. The petitioner in the meantime filed a representation with the Deputy Commissioner and while the decision was awaited, he approached this Court through Civil Writ Petition No. 19670 of 2010, which was disposed of on 12.11.2010. The petitioner was asked to await for the outcome of the decision.

(3.) It is alleged that private respondent Nos. 4 to 7 otherwise also harassed the petitioner by making allegation against him that he had demolished the Panchayat Ghar. They had made a statement before the police and also got it published in the newspaper. Ultimately the police submitted that no action was called for.