SAT NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was elected as a Sarpanch in December, 1991. Vide order dated September, 22, 1994 the Deputy Commissioner, Panipat, ordered the petitioner's removal from office on the ground that he was an employee of a local authority. The petitioner filed an appeal on October 4, 1994. Vide order dated August 5, 1997 the Appellate Authority rejected the appeal in view of the provisions of Section 175(i)(j) read with Section 2 of the Haryana Panchayati Raj Act, 1994. Aggrieved by the two orders, the petitioner has filed the present writ petition.

(2.) The petitioner alleges that the impugned order is illegal as the Co-operative Society wherein he is serving does not fall within the definition of a local authority as contemplated under Section 2 (xxxiii). He points out that a specific averment has been made in the affidavit dated April 1, 1998 that the Society is not receiving any aid from the State Government.

(3.) Notice of motion was issued to the respondents. Written statement has been filed on behalf of respondents Nos. 1 and 2 by Anurag Rastogi, IAS, Deputy Commissioner, Panipat. No written statement has been filed on behalf of respondent Nos. 3 and 4. Learned counsel for the respondents states that he adopts the reply filed on behalf of respondent Nos. 1 and 2. In this reply, it has not been stated that the Co-operative Society with which the petitioner is working, is being financed or aided by the Central or State Government.