BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) C .M. Nos. 19651-52 of 2009 1. The writ petition challenges the notice called at the instance of the Block Development and Panchayat Officer to all the Panches of the Gram Panchyat, Bansa on 23.10.2009 calling for a meeting to consider the removal of the present Sarpanch, Sh. Balbir Singh brought at the instance of the Members to hand over charge having majority on the basis of affidavits given by majority of persons expressing no confidence against the petitioner.

(2.) IT is an admitted case that one Balwan Singh had been the Sarpanch of the Gram Panchayat, Bansa and he had been removed from his post by the Director on proof of some charges against him in the manner provided under Section 51(3) of the Haryana Panchayati Raj Act, 1994. On his being removed, one Veer Kaur had been handed over charge on 22.12.2008. She had died in harness on 04.05.2009 and by the post that fell vacant, the petitioner had been handed over charge on 01.06.2009 as a person commanding majority in the Gram Panchayat. The contention of the petitioner was that the provision for removal of a Sarpanch through a No Confidence Motion was deleted by an amendment, which was made by notification on 19.10.2000. By amendement to Rule 10 of the Haryana Panchayati Raj Rules, 1995, a provision for No Confidence Motion was retained only against Chairman, Vice Chairman, President and Vice President and hence, the contention of the learned counsel appearing for the petitioner was that after the amendment to the Rules that had been brought-forth, there could not have been a meeting of No Confidence Motion for removal of a Sarpanch and therefore, the proposed meeting called by the Block Development and Panchayat Officer was illegal and liable for judicial intervention.

(3.) THIS contention of the petitioner is refuted by the learned counsel appearing for the Block Development and Panchyat Officer and for the private respondents, who are Panches of the Panchayat. Their contention is that the appointment of Veer Kaur was not in a post as a Sarpanch but it took place in the manner contemplated under Section 51(6)(i), which reads as follows :