KASHMIR SINGH; SUKHWINDER SINGH Vs. FINANCIAL COMMISSIONER AND SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT, PUNJAB AND OTHERS

JUDGEMENT

(1.) The short issue involved in these two identical writ petitions is whether any Sarpanch or Panch can be removed for absenting for less than two consecutive months from the meetings of the Gram Panchayat in view of the provisions contained in Section 20 of the Punjab Panchayati Raj Act, 1994.

(2.) These two writ petitions bearing CWP No. 21677 of 2010 (Kashmir Singh Vs. Financial Commissioner and others) and CWP No. 14098 of 2011 (Sukhwinder Singh Vs. Financial Commissioner and others) are directed against the same removal order dated 22.07.2010 (Annexure P-5) passed by Director, Rural Development and Panchayat, Punjab and appellate order dated 11.10.2010 (Anenxure P- 6) passed by Financial Commissioner. However, for the facility of reference, the facts are being culled out from CWP No. 21677 of 2010 (Kashmir Singh Vs. Financial Commissioner and others).

(3.) The facts of the case are that the petitioners were elected as Panches of the Gram Panchayat, Kailey Kalan in the Gram Panchayat elections held in the year 2008. It seems that there were two groups of the Panches, as usual, and both the groups had been trying to outsmart each other. The allegation of the petitioner was that the respondent-Sarpanch was not in majority but he usurped the office of Sarpanch by way of manipulation and political patronage. He used to be in the search of an opportunity to get the petitioner falsely implicated in one or the other case, so that the petitioner may be got removed from the Office of Panch. Petitioner used to attend each and every meeting of the Gram Panchayat but he was illegally shown absent on two-three dates without any prior information. The reports of service of notice were procured against the petitioner only to create evidence against him. With these allegations, inquiry was conducted against the petitioner by the Divisional Deputy Director, Rural Development and Panchayats, Jalandhar, District Jalandhar. The inquiry was based on ill-founded presumptions against the petitioner and others. He submitted his inquiry report dated 21.05.2010(Annexure P-1). Thereafter, a show cause notice dated 21.05.2010(Annexure P-2) was issued to the petitioner and he submitted his self contained reply thereto dated 10.06.2010, vide Annexure P-3. He also filed his additional affidavit dated 15.07.2010 (Annexure P-4).