PIARA SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner is the Sarpanch of Gram Panchayat of village Darauli Upper, Tehsil Anandpur Sahib, District Roop Nagar. There are 10 Panches in the Gram Panchayat. The petitioner is aggrieved against the order dated 28.10.2013 passed by respondent No. 3, who has appointed Sukhdev Sharma, VDO, Sri Anandpur Sahib, as an Administrator for a period of 3 months for performing some duties in terms of Section 200 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the "Act"). In brief, the Panchayat Secretary informed the Block Development and Panchayat Officer (BDPO) that certain grants are lying unattended because of lack of unanimity between the members of the Panchayat on the basis of which BDPO, Sri Anandpur Sahib recommended appointment of the Government Official to look after that grant. Thus, respondent No. 3 served a notice dated 02.10.2013 upon the petitioner and all Panchayat members under Section 200 of the Act asking them to start the development works within 15 days, otherwise, action was proposed to be taken against them under Section 200 of the Act.

(2.) ANOTHER notice was issued on 17.10.2013 giving 8 more days time but still, due to party faction between the Panchayat members, the development work of the village was not started. Thus, respondent No. 3, exercising his power under Section 200 of the Act, appointed Sukhdev Sharma, VDO, Sri Anandpur Sahib, as Administrator for a period of 3 months with a direction that the grants be spent in time as per government instructions and rules and be entered in the MB and UC be sent, by making it clear that in the matter of spending the grant, if any irregularity is found, then the Administrator would be responsible.

(3.) I have heard learned counsel for the petitioner and perused the record.