HARBHAJAN SINGH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents No.1 and 2 to take action against respondents No.3 to 8 for not participating in the meetings called by the Sarpanch in terms of the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act') which warrants initiation of action in the event of the elected representatives not participating in the meeting. The petitioner refers to Section 20(1) of the Act which contemplates suspension and removal of Panch and Sarpanch. Section 20 is extracted herebelow : -

(2.) The petitioner makes a specific reference to Section 20 (c) which states that any person who being a Sarpanch, failed to hold meetings of the Gram Panchayat without any reasonable cause for a period of two consecutive months would be liable for suspension. Clause (d) of sub -section (1) of Section 16 talks of a Sarpanch or Punch being liable for suspension in case he does not make himself available for more than two consecutive months for the meetings of the Gram Panchayat without offering any sufficient cause. Petitioner No.1 was elected as Sarpanch after the elections of the Gram Panchayat were concluded on 3.7.2013. Petitioners No.2 to 4 are Panches along with respondents No.3 to 8.

(3.) During the course of hearing, learned counsel for the petitioners asserted that ever since the elections respondents No.3 to 8 have not cooperated by attending the meetings.