SARJIVAN SINGH Vs. DIRECTOR PANCHAYATI RAJ

JUDGEMENT

(1.) Reply and rejoinder have been filed.

(2.) Heard learned Counsel for the parties.

(3.) Undoubtedly the allegation against the Petitioner about his encroachment on the Government land related to a period of time much prior to the holding of the election. The gravamen of the allegation was that he encroached upon the Government land in the year 1980 whereas the election was held in the year 2001. A reading of the operative part of the impugned order passed by the Deputy Commissioner, Una, on 12th June, 2004 makes it manifestly clear that he had passed the order disqualifying the Petitioner as well as removing him from the office in purported exercise of power under Section 122(2)(ii) of the H.P. Panchayati Raj Act, 1994, of course read with also the power purportedly vesting in him under Sub-section (2) of Section 131 of the said Act.