BUA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner and respondent No. 4 were elected as member Panchayat of Gram Panchayat, Village Naushera, District Gurdaspur. On 12.02.2009, Naib Tehsildar, Dinanagar conducted demarcation proceedings and found respondent No. 4 to be in unauthorised possession of panchayat land. On this basis, respondent No. 4 was placed under suspension on 06.07.2009 and regular inquiry was ordered. The regular inquiry found that respondent No. 4 was in unauthorised possession of panchayat land and report in this regard dated 22.02.2010 is annexed as Annexure P-1. On this basis, respondent No. 4 was removed from the post of Sarpanch on 28.05.2010.

(2.) Respondent No. 4 then filed an appeal but his appeal was dismissed and order of his removal was upheld on 30.08.2010. Still, direction was issued to get the matter inquired by Divisional Deputy Director, Panchayat , Jalandhar , who was required to personally visit the spot and submit his report to the Director. The petitioner would contend that since the appeal of respondent No. 4 was otherwise dismissed and his removal was upheld, the process to elect the new Sarpanch was to commence and it was commenced. The petitioner, thereafter, was elected as Sarpanch on 20.10.2010 by majority of four out of six panches. On the basis of his election, notification was issued on 15.12.2010 appointing the petitioner as Sarpanch.

(3.) In the meantime, however, Kanungo conducted fresh demarcation without associating the petitioner. The petitioner would allege that the said Kanungo openly declared that he would give report in favour of respondent No. 4. The petitioner submitted representation that the earlier demarcation was conducted by the Naib Tehsildar and his junior, Kanungo, should not be permitted to conduct the demarcation. Still, the Kanungo submitted demarcation report on 31.12.2010 and 12.01.2011. On the basis of this report submitted by Kanungo, the Director issued notification reinstating respondent No. 4 as Sarpanch on 03.02.2011.