TARSEM SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) WITH the consent of the parties, the case has been taken up on regular board for final disposal.

(2.) THE facts of the case lie in a very narrow compass and may thus be noticed. Kartar Singh who was elected as Sarpanch in the month of January, 1993, for five years, died on 25. 9. 1995. The office of the Sarpanch having become vacant, the petitioner filed an application before Block Development and Panchayat Officer, Block-Hoshiarpur-I District Hoshiarpur and District Development and Panchayat Officer, Hoshiarpur (respondents No. 4 and 3 respectively) for holding fresh election, in accordance with the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act' ). Learned counsel for the parties are agreed before us that Section 22 of the Act is the only relevant provision for filing up the vacancy in the case of death of a Sarpanch. Section 22 of the Act reads as under:

(3.) ADMITTEDLY , the new Sarpanch, if elected, in accordance with sub-section (1) of Section 22 of the Act, would have continued for much more than six months. In view thereof, respondent No. 6, Smt. Joginder Kaur, could not be nominated to act as a Sarpanch. Respondents No. 1 to 4, in view of the admitted factual position were under a legal obligation to initiate the process for electing the new Sarpanch and the proviso has got absolutely no application.