SUKHDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition, the petitioner raised the question whether the election of Sarpanch of the gram Panchayat of Village Akoi Sahib, Tehsil and District Sangrur can be kept in abeyance till filling up of the casual vacancy of the Member, Gram Panchayat, which has occurred due to the death of one Member, after notification of the election of the Gram panchayat under Section 13 of the Punjab panchayati Raj Act, 1994 (hereinafter referred to as 'the Act' ).

(2.) IN this case, the State of Punjab vide gazette Notification dated 12. 2. 2008 issued under Section 10 (2) of the Act constituted gram Sabha Akoi Sahib consisting of seven members. Subsequently, as per the election programme, the election for the office of panches was held in village Akoi Sahib on 26-5-2008. All seven Panches were duly elected as per the reservation. Thereafter, the said election was duly notified under Sec. 13 of the Act. After the said notification, one elected Panch, namely, Harminder Singh, was murdered on 24-6-2008. Subsequently, the Deputy Commissioner in exercise of the powers under Section 13-A of the Act authorised respondent No. 4 to convene the meeting of the newly elected Panches for election for the office of Sarpanch. In view of the said authorization, respondent No. 4 convened a meeting of the Panches for election for the office of Sarpanch on 12. 8. 2008.

(3.) THE petitioner, who is one of the resident of the village, has filed the instant petition for issuing direction to respondent nos. 3 and 4 not to convene the meeting of panches and to hold the election for the office of sarpanch of Gram Panchayat of Village akoi Sahib without filling up the casual vacancy which has occurred due to the death of one of the elected Panch.