BINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to get the records along with accounts of the Gram Panchayat Village Chak Rohliwala, District Fazilka from respondent No. 4 and to hand over the same to the petitioner, who has been unanimously elected as Sarpanch of the Gram Panchayat. I have heard learned counsel for the parties and perused the record.

(2.) It is the case of petitioner that she took oath as Sarpanch on 08.08.2013 under Section 13 of the Punjab Panchayati Raj Act, 1994 (in short, 'the 1994 Act'), but till date, charge has not been handed over to her after taking over the same from respondent No. 4. It is also pleaded by the petitioner that under Section 87 of the 1994 Act, charge is required to be taken over from the Sarpanch or Panch before filing of his/her nomination paper for the fresh election or on vacation of his/her office due to any reason. In this case, it appears that no charge was taken over by the concerned authority as per Section 87(3) of the 1994 Act. Rather in pursuance of notice of motion of the present writ petition, respondents No. 1 to 3 appeared and filed written statement taking numerous preliminary objections. Preliminary objections No. 3 and 4 read as under:

(3.) In pursuance of order dated 18.11.2014, respondent No. 3- BDPO and Sh. Rajiv Kumar, Panchayat Secretary came present in Court. Statement of Sh. Rajiv Kumar was recorded which reads as under: