MISRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner impugns the order dated 3.9.2010 passed by the Block Development and Panchayat Officer, Bhawanigarh, thereby removing the petitioner from the post of Sarpanch of Gram Panchayat, Batriana, Block Bhawanigarh, District Sangrur. Facts first. The election to the Gram Panchayat, Batriana, was held on 21.7.2008, wherein the petitioner was elected as a Sarpanch. Consequently, petitioner assumed the charge of the office of Sarpanch on 23.8.2008. Some Panches of the Gram Panchayat moved an application dated 2.8.2010, which was received in the office of respondent No. 3 on 9.8.2010, vide Annexure P-1. Respondent No. 3 issued a notice dated 10.8.2010, Annexure P-2, to the petitioner mentioning therein that some Panches have made a written request that the petitioner should be removed by passing a 'no confidence motion' against him. Petitioner was also informed vide Annexure P-2 that a meeting in this regard, will be convened on 17.8.2010 at 11.00 a.m., in the office of respondent No. 3. However, before the meeting for consideration of 'no confidence motion' could be convened on 17.8.2010, respondent No. 3 issued another communication dated 16.8.2010, informing the petitioner that the meeting which was scheduled to be held on 17.8.2010, has been cancelled, till further orders. Thereafter, respondent No. 3 issued letter dated 25.8.2010 (Annexure P-4), informing the petitioner that the meeting for considering 'no confidence motion' against him will be held on 3.9.2010. The petitioner was ordered to be removed from the post of Sarpanch by respondent No. 3, by passing the impugned order (Annexure P-5) to the effect that 'no confidence motion' was carried against the petitioner.

(2.) Feeling aggrieved against the above-said removal order by way of 'no confidence motion', petitioner has approached this Court, by way of instant petition.

(3.) While issuing notice of motion on 27.5.2011, this Court passed the following order:-