MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, who are two Panches out of five panches of Gram Panchayat of Village Sanghori, Block Sujanpur, District Gurdaspur, have filed this writ petition under Article 226 of the Constitution of India for setting aside the election of respondent No. 3 as Sarpanch of the Gram Panchayat in the meeting held on 17.7.2008 which was convened under the orders of the Deputy Commissioner under Section 13-A of the Punjab Panchayati Raj Act. It is the case of the petitioners that election of respondent No. 3 as Sarpanch is contrary to settlement dated 19.5.2008, copy of which has been appended as Annexure P/1, which according to the petitioners was arrived at between the parties at the time of election of the Panches. It is the case of the petitioners that five members of the Gram Sabha were declared elected as Panches un-opposed with an understanding that for two years Mohinder Singh will remain the Sarpanch and for the remaining three years Raghubir Singh will remain Sarpanch. In nut shell, the petitioners want that in view of the abovesaid settlement election of respondent No. 3 as Sarpanch in the meeting held on 17.7.2008 for full tenure is illegal and against the aforesaid settlement and the same is liable to be set aside.

(2.) AFTER hearing counsel for the parties we are of the opinion that contention of the learned counsel for the petitioners cannot be accepted at all. There can not be any settlement contrary to the provisions of law and any such settlement which is contrary to law and public policy is void under Section 25 of the Indian Contract Act, 1872. Under the Punjab Panchayati Raj Act, there is no provision that the tenure of the office of Sarpanch can be divided into two parts. Therefore, merely on the basis of settlement dated 19.5.2008, election of respondent No. 3, who was duly elected as Sarpanch in the meeting held on 17.7.2008, cannot be set aside. Dismissed. Petition dismissed.