CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Elections to the Gram Panchayat Budhanpur Tehsil Rajpura District Patiala, were held on 23.6.1972 and Charan Singh, Raghbir Singh and Nasib Singh petitioners and Ram Singh, respondent No. 4 were elected as Panches and Balbir Singh, respondent No. 3, was elected as Sarpanch.

(2.) Accordingly to the petitioners Balbir Singh Sarpanch took charge of the office of Sarpanch from the ex-Sarpanch on 30.7.1972 in their presence and the presence of respondent No. 4 and that they signed the register of proceedings to the effect that the charge was taken by the Sarpanch on that day. Further accordingly to them the Sarpanch was in minority so he alongwith the Secretary for the Panchayat manoeuvred and manipulated to forge a resolution co-opting Smt. Assi, respondent No. 5, as lady Panch on that very day and incorporated that fact in the proceeedings of the register which was signed by them, that they learnt about it on 10.8.1972 when the Block Development and Panchayat Officer, Rajpura, called the members of Gram Panchayat, that they immediately moved an application to the Sub-Divisional Officer (Civil), Rajpura, informing him that the Sarpanch had forged a resolution regarding the co-option of lady Panch, that the Sub-Divisional Officer (Civil), marked their application to the Block Development and Panchayat Officer, Rajpura, for his report and that on receiving his report, the Sub-Divisional Officer (Civil), Rajpura, suspended the execution of resolution dated 30.7.1972 passed by the Panchayat. On 1.12.1972, on learning that the order of the Sub-Divisional Officer (Civil), Rajpura, has been rescinded by the Director of Panchayats, Punjab, Chandigarh, the petitioners filed this petition under Articles 226 and 227 of the Constitution of India for quashing the said order, copy of which is annexure B, on the ground that the Director of Panchayats, Punjab, passed the said order on their back.

(3.) The respondents contested the petition on the grounds that the meeting of the Gram Panchayat was summoned for 30.7.1972 for co-opting a lady Panch and the agenda was duly notified, that the members of the Panchayat unanimously co-opted Mst. Assi as lady Panch, that the execution of the resolution was wrongly suspended by the Sub-Divisional Officer (Civil), Rajpura, and that the co-option of Mst. Assi as lady Panch was rightly regularised by the Director of Panchayats, Punjab. The Director of Panchayats, Punjab, Chandigarh, in his affidavit further averred that he had passed the order under section 97(2) of the Punjab Gram Panchayat Act, 1952, after thorough scrutiny of the relevant records and considering the explanation offered by the Government and that there is no provision to give hearing in such cases.