KAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three Panches of Gram Panchayat, Village Bhopal Khurd, have approached this Court for quashing of orders dated 31.1.2011 and 25.11.2010, removing them from the posts of Panches. A perusal of the impugned orders would show that two grounds were taken into consideration by the competent authority to remove them from the posts of Panches. It is alleged that the petitioners had not attended the meetings on 20.3.2009, 15.9.2009, 22.10.2009, 25.1.2010, 15.2.2010, 18.3.2010, 22.4.2010, 6.6.2010 and 12.6.2010. Further allegation is that in the meetings of the Gram Panchayat, they did not agree with the Sarpanch for development works. These were the grounds, on which the Director had earlier removed them from the posts of Panches.

(2.) When this case came up for hearing before this Court on 7.8.2012, it was viewed that prima-facie, Sarpanch or Panch can not be removed from the post for opposing in exercise of his right as an elected representative. Whether Panch or Sarpanch can be removed from the elected post on account of non-cooperation or not attending the meeting, thus, was considered and after hearing the counsel, it was considered appropriate to obtain response in the form of affidavit from the Director to this effect. The order dated 28.8.2012 reads as under:-

(3.) Affidavit now has been filed by the Director to confirm that as an elected representative of the Village, a Panch has a right to express his view point independently in the meeting of the Gram Panchayat and even if he does not agree with the resolution, it should not be made a ground for removing him from the post of Panch. This is one of the ground, which has been taken into account while removing the petitioners from the posts of Panches. No doubt, in addition their continued absence on various dates to attend the meeting of the Panchayat has also been taken into consideration, as is also recorded in the affidavit now filed by the Director. Therefore, it would be appropriate to remand this case to the Director to reconsider if the order of removal is to be maintained only on the ground that the petitioners have not attended the meetings, excluding from consideration their conduct in opposing the Sarpanch, which is also taken as one of the ground to remove them from their posts of Panches. The impugned orders are, thus, set-aside. The case is remanded back to the Director, who would be at liberty to pass a fresh order in accordance with law.