PIRTHI SINGH Vs. DIRECTOR

JUDGEMENT

(1.) The facts of the writ petition are that the petitioner is Sarpanch of Panchayat, Ardana, Tehsil and District Jind (hereinafter referred to as the Panchayat) and the respondent Nos. 3 to 7 are its Panches. The respondent Nos. 3 to 7, with the prior permission of the Director Panchayats, passed a no-confidence motion against the petitioner and elected Malkhan Singh, respondent No. 3, as the Sarpanch under Section 9 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act). The petitioner has challenged the aforesaid resolution, inter alia, on the ground that the petitioner is entitled to act as a Sarpanch unless an approval is granted by the Director after the passing of resolution of non-confidence to it. He has referred to second proviso to sub-section (2) of Section 9 of the Act. The relevant Section is as follows :-

(2.) For the reasons recorded above, the election of respondent No. 3 as Sarpanch is quashed and the petitioner shall continue to act as Sarpanch till the resolution is approved by the Director, Panchayats, under proviso to Section 9 of the Act. In the circumstances of this case I leave the parties to bear their own costs. Petition accepted.