RAJENDER PRASAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the instant intra Court appeal is to the order dtd. 20/5/2024, passed by the learned Single Judge, whereby the writ petition filed by the appellant was dismissed.

(2.) Before the learned Single Judge, the appellant had sought quashing of the orders dtd. 9/8/2023 and 8/12/2023 passed by respondents No.1 to 3, whereby he was initially removed/suspended from the Post of Sarpanch/Gram Panchayat Bhungarka, Tehsil Nangal Chaudhary (Mahendergarh) and later on his representation for reinstatement was dismissed. Challenge was also laid to the order dtd. 21/3/2024, whereby the appeal filed by the appellant was dismissed and the order dtd. 13/3/2024, whereby respondent No.4 had been appointed as an Administrator of said Gram Panchayat.

(3.) The facts in brief are that in the Gram Panchayat elections held in October, 2022, the appellant was elected as Sarpanch of Village Bhungarka, District Mahendergarh. However, after his election, a criminal case bearing FIR No.199, dtd. 20/7/2023 under Ss. 148, 149, 307, 323 IPC and Sec. 25 of Arms Act, 1959 was registered against him. The appellant was sent to the judicial custody for 14 days. The Deputy Commissioner, Mahendergarh suspended the appellant from the Post of Sarpanch vide order dtd. 9/8/2023. The appellant had unsuccessfully filed an appeal against the said order. Pursuant to the dismissal of his appeal vide order dtd. 21/3/2024, the Deputy Commissioner appointed the Block Development and Panchayat Officer Nangal Chaudhry as the Administrator of the aforesaid village in terms of Sec. 49(1)(2) of the Act. The appellant had also unsuccessfully filed a representation for his reinstatement.