GOKAL CHAND Vs. THE STATE

JUDGEMENT

(1.) The Petitioner was elected Sarpanch of the Gram Panchayat Syri in 1964 and was elected as Chairman, Panchayat Samiti, Kandaghat in 1965. He has been suspended by the State Government by an order dated May 25, 1971 under Sec. 54 and Sec. 153 of the Himachal Pradesh Panchayati Raj Act, 1968. The Petitioner prays for the quashing of that order.

(2.) At the outset, the terms of the impugned order may be set out. It reads:

(3.) Sec. 54 deals with the suspension and removal of a Panch of a Gram Panchayat, while Sec. 153 deals with the suspension and removal of, among others, the Chairman of a Panchayat Samiti. In material particulars, the two provisions correspond substantially. Sec. 54 (1) confers the power to suspend a Panch. He may be suspended during the course of an enquiry. Or he may be suspended otherwise, that is to say, not during the course of an enquiry, and such suspension can be effected if the State Government or the Deputy Commissioner thinks it proper to suspend the Panch and for reasons to be recorded in writing. In either case, the suspension can only be for any of the reasons for which a Panch can be removed. On passing the order of suspension, the State Government or the Deputy Commissioner can debar the Panch from taking part in any act or proceedings of the Gram Panchayat during the period of suspension. The grounds for removing a Panch are detailed in Sec. 54 (2).