BAKHSHISH SINGH Vs. DIVISIONAL DY DIRECTOR, PANCHAYAT

JUDGEMENT

(1.) At issue in this writ petition is the validity of the orders dated March 20, 1978 (copy of which is annexed as P-1) of the Divisional Deputy Director, Panchayats, Punjab, Jullundur, ordering the Block Development and Panchayat Officer to take action against the petitioners under section 105 of the Punjab Gram Panchayat Act (for short 'the Act').

(2.) The facts giving rise to the filing of the present petition lie in a narrow compass:

(3.) In the present case, the petitioners-Panchayat members along with the Sarpanch had granted a sanction to the Sarpanch to spend Rs. 1400/- for levelling the lands of the Gram Panchayat. It was the duty of the Sarpanch to implement the resolution and to get the levelling done. Under rule 23 of the Gram Panchayat Rules, the Sarpanch alone is authorised to operate the accounts of the Panchayat. It was he alone who could only withdraw the money from the Panchayat fund and spend it in accordance with the resolution. He had to get the levelling done. The other members of the Panchayat did not come into the picture. They had no authority to get the levelling done. The money had to be and was in fact disbursed by the Sarpanch. If he had failed to perform his duty, it was he who was responsible for that. Petitioners who were members of the Panchayat cannot be held responsible. In Thakur Singh v. The State of Punjab and others, 1983 PunLJ 481 Nanhu and another Vs. Krishan Lal and others, 1985 0 RRR 504 it was held that it was the responsibility of the Sarpanch to see that the funds of the Panchayat are properly utilized. It is not the function of the entire Panchayat to carry out various assignments in accordance with the resolutions. The Panchayat funds are operatable only by the Panchayat sarpanch. The following observations on this part of the case are very pertinent and cover the present case also :-