BHAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhag Singh petitioner was elected as a Sarpanch in the election held in August 1978. Five Panches made an application dated 27th April, 1983 to the Block Development and Panchayat Officer concerned for removal of the Sarpanch by passing a "No confidence Motion" under section 9 of the Punjab Gram Panchayat Act, 1952, (hereinafter referred to as the Act). On that application, the Block Development and Panchayat Officer issued notice dated 16th May, 1983 to Bhag Singh Sarpanch and other members of the Panchayat fixing 27th May, 1983 as the date for the consideration of "No Confidence Motion" at 11 A.M. The aforesaid notice has been challenged by filing a writ petition in this Court on the main ground that under the amendment made by the Punjab Act No. 14 of 1982 in section 9 of the Act, a motion for no confidence has to be moved by the requisite strength of members of the Sabha and not by majority of the members of the Panchayat. Members of the Sabha means the entire electorate of the concerned Panchayat. The writ petition was admitted and further proceedings were stayed.

(2.) This application has been filed by one of the Panches, who was signatory to the application for passing "No Confidence Motion" and who was impleaded as respondent No. 3, for vacation of the ex parte stay order.

(3.) Counsel for both the parties are agreed that under the amended provisions of Section 9, as it stands after the Punjab Act No. 14 of 1982, a "No Confidence Motion" has to be moved by the requisite number of members of the Sabha and not by the majority of members of the Panchayat. The counsel for the parties are right because it is clear from reading of the amended section that the requisite number of members of the Sabha alone can move a "No Confidence Motion". The members present alone, by two-thirds majority, as provided in section 9(5) of the Act, can remove a Sarpanch by passing a "No Confidence Motion" and not otherwise. Therefore, no useful purpose would be served by keeping the writ petition pending. Both the counsel for the parties are agreed that it can be allowed right now. Accordingly, the writ petition is allowed with the result that the impugned notice (Annexure P-1) is quashed being illegal and without jurisdiction. However, it would be open to the requisite number of members of the Sabha to move a "No Confidence Motion" against Bhag Singh in accordance with law. And if such a motion is made, the same shall be considered by the concerned authorities in accordance with the amended provisions of the Act, which may be applicable at that time.