KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 13391 of 2008 and 13938 of 2008. CWP No. 13391 of 2008 has been filed by Kulwant Singh, who has been elected as Panch of Gram Panchayat of Village Sandhra, Tehsil and District Hoshiarpur, but at present is confined in District Jail, Hoshiarpur in case FIR No. 41 dated 4.6.2008 under Sections 323/324/452 /427/34 IPC registered at Police Station Bullowal. CWP No. 13938 of 2008 has been filed by three elected Panches of the Gram Panchayat out of seven members Panchayat.

(2.) IN both the petitions, a prayer has been made for setting aside the election of respondent-Ranjit Singh, who was elected as Sarpanch of the Village Gram Panchayat in the meeting of Panches held on 16.7.2008. In the writ petition filed by Kulwant Singh, an additional prayer has been made for issuing direction to respondents No. 1 to 4 to administer the oath of Panch to him.

(3.) IN compliance with the aforesaid order, when the petitioner was taken to the venue of the meeting, the Presiding Officer did not permit him to attend the meeting and to cast his vote for the election of Sarpanch on the ground that he had not taken the oath or affirmation in terms of Section 13(1) of the Act as he had received the intimation to this effect from the District Development and Panchayat Officer, Hoshiarpur. The said meeting was attended by the remaining six Panches and in the meeting respondent-Ranjit Singh was elected as Sarpanch of the Gram Panchayat as he was the only candidate. It is mentioned here that all the three petitioners did not propose the name of anybody and they had gone outside the meeting after signing the proceedings. Hence this petition.