SHAMSHER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has been filed against the order of the Financial Commissioner (Revenue), Haryana, Annexure P3 by which the appointment of respondent No. 3 as Lambardar, which was done by the Collector, Jind, has been allowed to remain intact as Tek Chand, the other contesting candidate, had died during the pendency of the proceedings. In other words, Khazan Singh, respondent No. 3 has been allowed to continue as Lambardar on account of the death of Tek Chand. The order of the Financial Commissioner does not indicate that he examined the merits of the case in his order. After hearing learned counsel for the parties, we are of the view that the proceedings for the appointment of a Lambardar of the village should be started de novo in the present case. Admittedly, the claim of Tek Chand could not be examined on merits in view of his death. May be there are better candidates available in the village. It does happen that villagers do not come forward by seeing one candidate or the other in field for appointment for the post of Lambardar. Once one or the other candidate out of the two in field dies, the other candidates may choose to apply for the post. In any case, no Lambardar can be allowed to remain on the post only because the other contesting candidate dies during the pendency of the case. Khazan Singh, respondent No. 3 is admittedly working as Lambardar. He is allowed to continue as Lambardar till a fresh decision is taken.

(2.) BEFORE parting with the judgment, it is necessary to observe that the learned Collector would examine the merits and demerits of the candidates who will apply for the post and that he will not be influenced by any report which has been submitted during the pendency of the proceedings. Khazan Singh need not apply for the post as he is already working as Lambardar. Fresh applications be invited. With these observations, the writ petition is disposed of. The Collector may start the proceedings in accordance with law by inviting fresh applications. Whatever record has been received, the same be sent back. Petition accepted.