SUKHWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant writ petition is directed against the resolution dated 23.5.2011 (Annexure P-6), thereby appointing respondent No. 4 as an authorised Panch in the absence of a duly elected Sarpanch, to carry out the functions of the Gram Panchayat of village Bhoewal, Tehsil Baba Bakala, District Amritsar. Facts first.

(2.) In compliance of the notice dated 21.10.2010, Presiding Officer-cum-Panchayat Officer, Panchayat Samiti, Tarsikka, presided over the meeting of the Gram Panchayat held on 28.10.2010, wherein respondent No. 4 was elected as Sarpanch vide Annexure P-2. In the interregnum, Ordinance dated 14.12.2010 (Annexure P-3), came to be issued as Punjab Ordinance No. 9 of 2010, under the Punjab Panchayati Raj Act, 1994 ("the Act" for short), vide which Section 19 of the Act, pertaining to no confidence motion against the Sarpanch, was omitted. Pursuant to the above said notification dated 14.12.2010 (Annexure P-3), notifying the Punjab Ordinance No. 9 of 2010, respondent State issued policy instructions dated 14.1.2011 (Annexure P-4), for the purpose of taking action qua no confidence motions, passed by Gram Panchayats against the Sarpanches. It is worthwhile to note here that vide Punjab Act No. 13 of 2011, the Act came to be amended and Section 19 was omitted. Thus, the amendment was notified of 21.4.2011, omitting Section 19 w.e.f. 1.7.2010.

(3.) Consequent upon the above said policy instructions dated 14.1.2011, the Block Development and Panchayat officer, Tarsikka, informed all the members of the Gram Panchayat of village Bhoewal, vide communication dated 16.5.2011 (Annexure P-5) that meeting of Gram Panchayat shall be convened on 23.5.2011 at 10:00 am in the Block Office, Tarsikka, for the purpose of conducting election of acting Sarpanch. A meeting was convened on 23.5.2011, which was presided over by the Block Development and Panchayat Officer, Tarsikka. All the members of Gram Panchayat submitted their affidavits in favour of respondent No. 4. Thus, respondent No. 4 was appointed as authorised Panch (Member Panch), vide resolution No. 4 dated 23.5.2011 (Annexure P-6).