LAWS(P&H)-2016-12-119

KAMALJIT KAUR Vs. STATE OF PUNJAB

Decided On December 22, 2016
KAMALJIT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose of aforesaid seven Letters Patent Appeals, as all of these have arisen from the common order passed by learned Single Judge. However, the facts are being extracted from LPA No.2483 of 2016.

(2.) Put pithily, according to the appellants, appellant No.1 was elected as Sarpanch and appellants No.2 and 3 were elected as Panches along with respondent No.6 and other five Panches, in the Panchayat election held in July 2013. After some time, respondent No.6 started working against the interests of the Village Panchayat by making one faction of seven members and stopped attending the meetings of the Gram Panchayat, despite service of notices. Appellant No.1 filed a complaint on 01.10.2015 before respondent No.2 against respondent No.6 and other six Panches for not cooperating in the development work due to their absence in the meetings of the Gram Panchayat. Respondent No.2 on the said complaint, marked an enquiry to respondent No.3, who held a detailed enquiry and submitted his enquiry report to the effect that seven Panches named in the complaint, deliberately and intentionally were not cooperating with the Sarpanch as they were not attending the meetings due to which the development works of the Village had stopped. Resultantly, the continuance of these Panches on their posts was not in the interest of the public and the Panchayat. On the basis of report received from respondent No.3, respondent No.2 placed respondent No.6 and other six Panches under suspension vide order dated 02.02.2016 (Annexure P-7). However, against the said order dated 02.02.2016, appeal was accepted and order of suspension of respondent No.6 and other six Panches was set aside by respondent No.1 vide order dated 25.05.2016 (Annexure P-10). Aggrieved against the order dated 25.05.2016, the appellants filed CWP No.18071 of 2016 and other connected writ petitions, which have been dismissed vide order dated 02.09.2016 and 05.09.2016.

(3.) Hence, appellants have filed the present Letters Patent Appeals under Clause X of the Letters Patent for quashing the order dated 25.05.2016 passed by respondent No.1 and the orders dated 02.09.2016 and 05.09.2016 passed by learned Single Judge.