MEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is directed against the order of the Deputy Commissioner, Sonepat, dated December 23, 1975, whereby the petitioner was removed from the office of the Panch in the exercise of the powers under section 102(2)(a) of the Gram Panchayat Act (hereinafter called the Act) and was further disqualified for four years to contest re -election.

(2.) THE petitioner was elected as a Panch of Gram Panchayat Uidepur Tharu, Tehsil and district Sonepat in the last Gram Panchayat elections held in the State of Haryana. He was charged for an offence under section 61(1)(a) of the Punjab Excise Act having been found in possession of six gram of charas and was convicted and sentenced by the learned Magistrate 1st Class, Sonepat, to one month's rigorous imprisonment and a fine of Rs. 25/ -. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for fifteen days. On appeal, however, the learned Additional Session Judge, Sonepat, vide judgment (Annexure P -1) dated January 23, 1975, reduced the sentence to one already undergone and ordered the fine to be refunded, if paid. The matter of his conviction was reported by respondent No. 3 to the Deputy Commissioner, Sonepat, respondent No. 2 who issued the notice on its basis under section 102(2)(a) of the Act to show cause as to why the petitioner may not be removed from the office of the Panch. The petitioner duly submitted his reply to the show cause notice but respondent No. 2 rejected it with the finding that his conviction had shown a defect of character and, therefore, ordered his removal vide Annexure P -2, as noticed above.

(3.) THIS petition is consequently allowed and the impugned order, Annexure P -2, is hereby quashed. No order as to costs. Petition accepted.