NARINDERJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of CWP Nos. 14521 and 18325 of 2005 as the law and facts involved in these petitions are similar.

(2.) THESE are two writ petitions filed by Narinderjit Kaur Chairman, Panchayat Samiti, Maur. In CWP No. 14521 of 2005, notice dated 7.9.2005 has been assailed with a further prayer to stay further proceedings pursuant to the aforesaid notice. In the second petition i.e. CWP No. 13325 of 2005, validity of the resolution dated 14.9.2005 is in question.

(3.) IN the written statement filed by respondents Nos. 1, 2, 4 to 6, it is stated that the notices for the said meeting were issued. Though there is no averment in the written statement that notice was served upon the petitioner. However, in CWP No. 14521 of 2005, the petitioner himself has challenged the notice dated 7.9.2005 which was issued for convening meeting on 14.9.2005. Copy of the notice has also been placed on record as Annexure P-5. This writ petition was filed on 9.9.2005. This clearly indicates that the petitioner had the notice and knowledge of the proposed meeting scheduled to be held on 14.9.2005. On 14.9.2005, the members of the Panchayat Samiti adopted resolution removing the petitioner and Sh. Karnail Singh, from the posts of Chairman and Vice Chairman, respectively, of the Panchayat Samiti, Maur. Out of 15 members, as many as 12 members were present in the said meeting. Meaning thereby that the resolution was adopted by majority of the members of the Panchayat Samiti. After the removal of the petitioner and Karnail Singh, Vice Chairman the Panchayat Samiti elected Sh. Anita Kaur, respondent No. 9 as the Chairman of the Panchayat Samiti in place of petitioner and Karnail Singh was reelected as the Vice Chairman in the meeting of the Panchayat Samiti held on 23.11.2005.