SURINDER, SARPANCH Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) ORDER The brief facts giving rise to this appeal are that finding the appellant in illegal occupation of the land, vested in the gram panchayat, the respondent No. 1 disqualified the appellant from continuing to be a Sarpanch of gram panchayat Ambli in exercise of his powers under section 177 of the Haryana Panchayati Raj Act, 1994, vide his order dated 22.10.97. Aggrieved by the said order this appeal has been preferred.

(2.) OPENING his arguments the learned counsel for the appellant raised a preliminary objection that no application under Section 177 of the Haryana Panchayati Raj Act, 1994 is legally maintainable against the Sarpanch of the Gram Panchayat as is apparent from a perusal and close scrutiny of the provisions of the Haryana Panchayati Raj Act, 1994. To elaborate his objection he argued that section 177, qua the gram panchayat, is confined to a member of the gram panchayat and member of a gram panchayat means Panch or Up-Sarpanch only in view of clause (xii) of section 2 of the Haryana Panchayati Raj Act, 1994. He further argued that the term "member of a gram panchayat" does not include the Sarpanch. Concluding his preliminary objection he prayed for acceptance of the appeal on this very ground.

(3.) LEARNED counsel for the respondent No. 2 reiterated the arguments addressed by the learned counsel for the respondent No. 1. Concluding his arguments he vehemently prayed for dismissal of the appeal.