BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal under Clause-X of the Letters Patent, is directed against the order passed by the learned Single Judge of this Court on 14.12.2009, whereby challenge to the notice dated 23.10.2009 to convene Special Meeting to remove the present appellant as Sarpanch, was dismissed.

(2.) THE election to the Panches of Gram Panchayat, Village Bansa, consisting of 14 Members, was held in April 2005. One Balwan Singh was elected as Sarpanch. However, said Balwan Singh was suspended on the charges of corruption. The action of suspension was challenged by Balwan Singh. After dismissal of the writ petition filed by Balwan Singh, fresh elections were conducted and one Veer Kaur was elected as Sarpanch on 22.12.2008. Veer Kaur died on 4.5.2009. The present appellant was nominated as Sarpanch on 1.6.2009. Subsequently, a communication (Annexure P-2) has been issued to convene a Special Meeting of the Panchayat in view of the No Confidence Motion against the present appellant. Aggrieved against the said notice, the appellant approached this Court in a writ petition. The learned Single Judge found that the petitioner did not hold the post of Sarpanch, to which alone amended provisions of Rule 10 of the Haryana Panchayati Raj Rules, 1995 (for short 'the Rules'), would operate. Therefore, the argument that there could not be a No Confidence Motion, is not available to the petitioner.

(3.) WE have heard learned counsel for the appellant and do not find any merit in the present appeal. It is Section 6 of the Act, which applicable to the facts of the present case. The said Section contemplates that whenever a vacancy occurs by death, resignation, removal or otherwise, a new Panch or Sarpanch etc. shall be elected in the manner as may be prescribed. It is not disputed by the learned counsel for the appellant that the appellant was not elected Sarpanch as per the Rules prescribed for the elections of Sarpanch under Haryana Panchayati Raj Rules, 1995. Therefore, the appellant was an ad hoc Sarpanch appointed to discharge the duties of Sarpanch pending election in terms of sub-Section 1 of Section 6 of the Act. Therefore, though Annexure P-2 recites that it is to consider No Confidence Motion but substantially it is a notice for convening a Special Meeting to elect a Sarpanch after the death of Veer Kaur, previous Sarpanch.