MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged validity of the order dated 28.11.2013 by which respondent no.3 has appointed respondent no.5 as the Administrator of the Gram Panchayat of village Gaggar Sarai, allegedly in violation of the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (here-in-after referred to as the "Act").

(2.) In brief, the petitioner is the elected Sarpanch of the Gram Panchayat Gaggar Sarai. Respondent no.3 served a notice upon the petitioner and other Panchayat members under Section 200 of the Act in which it was averred that the Block Development and Panchayat Officer, Ghanaur, vide his letter dated 08.11.2013, has written that due to party faction in the Gram Panchayat, the quorum is not complete in the meetings because of which the development works have come to a standstill. Sh. Jaswant Singh, Sh. Nachhattar Singh, Sh. Sewa Singh, Smt. Geeta Rani and Smt. Rajwinder Kaur, members of the Panchayat, have given in writing to respondent no.3 that for completing certain works, they required a government employee as the Manager. In view thereof, a notice was issued to start the work within 15 days and if the Sarpanch or the Panchayat commits any negligence, then senior authorities are to be written for initiating disciplinary proceedings against them.

(3.) The petitioner gave reply to the notice in which he alleged that Panchayat members Nachhattar Singh and Geeta Rani have encroached upon the Panchayat land against whom he had filed application under Section 7 of the Punjab Village Common Land and (Regulations) Act, 1961. It is also alleged that there is no progress in the development works because of the party faction in the Panchayat. After taking the reply into consideration, the impugned order dated 28.11.2013 has been passed by respondent no.3 and made the following observations:-