SULTAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common questions of law and facts are involved in these petitions, these were heard together and are being disposed of by this common judgment.

(2.) However, in order to maintain clarity in the facts, the facts of C.W.P. No. 5102 of 2010 are being referred.

(3.) Respondent No. 3, Mahinder Kumar alongwith Smt. Nimmo Devi, Smt. Anju Devi and Shri Dev Raj were elected as Members of Gram Panchayat, Panjoh, District Chamba. They submitted their resignations to the Deputy Commissioner, Chamba on 28.07.2009. The District Panchayat Officer, Chamba informed the President of Gram Panchayat, Panjoh that since the resignations of respondent No. 3, Smt. Nimmo Devi, Smt. Anju Devi and Shri Dev Raj were conditional, the same have not been considered and they should be permitted to mark their presence on 07.12.2009. The President of Gram Panchayat, Panjoh, District Chamba sent a letter to the Hon'ble Chief Minister on 20.03.2010, bringing to his notice the willful absence of respondent No. 3 alongwith Smt. Nimmo Devi, Smt. Anju Devi and Shri Dev Raj. The District Panchayat Officer sought the guidance from the Director of Panchayati Raj on 11.03.2010 the manner in which he should proceed with the matter. The Director, Panchayati Raj brought to the notice of the District Panchayat Officer that in case any Member absents himself from three consecutive meetings of the Panchayat or its Committee or does not attend half the number of meetings held during the period of six months without the leave of the Panchayat, action can be taken against him under Sub-section (2) of Section 131 of Himachal Pradesh Panchayati Raj Act, 1994. The Director, Panchayati Raj also informed the Deputy Commissioner, Chamba on 17th March, 2010 that the elected Member can tender his resignation, however, the same has to be forwarded through the office of Block Development Officer to the District Panchayat Officer. He also brought to the notice of the Deputy Commissioner, Chamba on 17.03.2010 that the Block Development Officer has to record his remarks regarding the genuineness of resignation. However, fact of the matter is that the Deputy Commissioner, Chamba on 18th March, 2010 accepted the resignations of respondent No. 3 alongwith Smt. Nimmo Devi, Smt. Anju Devi and Shri Dev Raj and declared four seats vacant. Thereafter, the Deputy Commissioner, Chamba sent a communication to the President, Gram Panchayat Panjoh to give details of four eligible members to be nominated on 12th April, 2010. The President of Gram Panchayat Panjoh gave the list of four persons and thereafter, the Deputy Commissioner, Chamba sent a communication to the Director, Panchayati Raj on 1st May, 2010. In sequel thereto, the Secretary, Panchayati Raj issued a notification on 28th May, 2010, whereby the present petitioner and three petitioners in C.W.P. No. 5337 of 2010 were nominated as Members of Gram Panchayat Panjoh. In pursuance thereto, the Deputy Commissioner, Chamba issued office order dated 4th June, 2010. Respondent No. 3 has filed an appeal before the Director, Panchayati Raj, Himachal Pradesh bearing No. 02 of 2010 assailing the order dated 18th March, 2010. The Appellate Authority granted the status quo on 28.04.2010. Similarly, Nimmo Devi, Anju Devi and Dev Raj also preferred an appeal against the order dated 18th March, 2010 before the Director, Panchayati Raj. He also granted interim order in their favour on 28.04.2010. The Director Panchayati Raj accepted both the appeals on 10.08.2010.