AMRIK SINGH Vs. DISTRICT DEVELOPMENT AND PANCHAYAT OFFICER

JUDGEMENT

(1.) The petitioner - an elected Sarpanch - is aggrieved by the order dated August 31, 1998 by which respondent No. 3 has been applied as an Administrator to run the affairs of the Panchayat. The petitioner complains that the order has been passed "under the influence of respondent No. 2 Shri Swaran Singh, District President, Shiromani Akali Dal (Badal), who belongs to the same village. "He further alleges that he belongs to the Congress Party and had defeated the candidates supported by respondent No. 4. The authority acting under the influence of respondent No. 4 has appointed the Administrator in a totally arbitrary manner without any reason. The petitioner complains that no opportunity even to perform the functions and prove suitability for the offence was given. In fact, even the charge of the Panchayat had not been handed over. He consequently, prays that the order dated August 31, 1998 - a copy of which has been produced as Annexure P1 with the writ petition be quashed.

(2.) A written statement has been filed on behalf of the respondents Nos. 1 and 2 by the District Development and Panchayat Officer. It has been, inter alia, alleged that a "representation regarding the involvement of petitioner in some cases of corruption and cheating pending against him was also received by the respondents." According to the respondents, a meeting of the Panchayat was held on August 25, 1998. The quorum was not complete. 4 Panches were against the Sarpanch and out of total of 7, only 3 were in his favour. Consequently, the third respondent had recommended that an Administrator be appointed. A separate reply has been filed by respondent No. 3. No reply has been filed by respondent No. 4.

(3.) Learned counsel for the parties have been heard.