SWARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Letters Patent Appeal has been directed against the order dated 18.7.2012, passed by the learned Single Judge, whereby Civil Writ Petition No. 13315 of 2012 filed by appellant Swaran Kaur, praying for quashing the proceedings dated 21.2.2012 (Annexure P-7) vide which in the meeting of the Gram Panchayat, Village Bhambota, Block Talwara, District Hoshiarpur, called under Section 13-A of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), Smt. Anita Rani (respondent No.11 herein) was elected as Sarpanch; and the notification dated 3.4.2012 (Annexure P-9) whereby name of the said elected Sarpanch was notified in the Gazette, has been dismissed.

(2.) We have heard learned counsel for the appellant and gone through the impugned order as well as the other documents annexed with the writ petition.

(3.) In this case, in the first meeting of the Members of the Gram Panchayat Village Bhambota convened under Section 13-A of the Act, the appellant was elected as Sarpanch of the Gram Panchayat in May, 2008. She assumed the office of Sarpanch on 27.8.2008, after her name was notified. Subsequently, on 5.8.2010, two-third members of Gram Panchayat passed 'no confidence motion' against the appellant under Section 19 of the Act. Since the said resolution dated 5.8.2010 (Annexure P-1) was passed within two years of assuming the office of Sarpanch, therefore, it was illegal and void, because as per proviso to sub-section (1) of Section 19 of the Act, no application to move a motion of no-confidence against a Sarpanch shall be made unless a period of two years has elapsed from the date on which the Sarpanch assumed his office.