Jagbir Singh vs Financial Commissioner and Secretary, Govt. of Punjab, Rural Development and Panchayat Department and Another

Kanwaljit Singh Ahluwalia, J.—Written statement filed on behalf of respondent No. 2, today in Court, is taken on record.

The present petition has been filed by the Sarpanch of Gram Panchayat, Village Salana Jiwan Singh Wala, Tehsil Amloh, Distt. Fatehgarh Sahib with a prayer that order dated 9.11.2009, Annexure P6, passed by respondent No. 1 be set aside and the order dated 16.7.2009, Annexure P5, passed by the Director, Rural Development and Panchayats, Punjab, Chandigarh (hereinafter to be referred as, ''the Director'') whereby Gurmit Singh, Jarnail Singh, Inder Singh, Piara Singh and Smt. Jaspal Kaur, Panches of the Gram Panchayat were removed be maintained.

Case of the petitioner is that he made a complaint to Block Development and Panchayat Officer, Amloh (hereinafter to be referred as, ''the BDPO'') that Panches of Village were not co-operating with him and they were colluding with the encroachers and acting against the Gram Panchayat. The complaint was forwarded by the BDPO to the Director, who vide order dated 2.3.2009, Annexure P3, suspended Gurmit Singh, Jarnail Singh, Inder Singh, Piara Singh and Smt. Jaspal Kaur, five Panches of the village Gram Panchayat. Thereafter, vide order dated 16.7.2009, Annexure P5, they were removed. Aggrieved against the same, those Panches had filed an appeal. The Appellate Authority came to the conclusion that for non-participation Panches could be removed u/s 20(1)(d) of the Panchayati Raj Act (hereinafter to be referred as, ''the Act'') but since the Panches had attended the meeting and had not agreed to the resolution proposed by the Sarpanch, they could be removed from the post of Panch u/s 21(1)(f) of the Act.

Mr. P.K. Gupta, learned counsel appearing for the petitioner has stated that vide Annexure P5, the Director while causing removal had not specified the provision of the Act, therefore, the order of the Appellate Authority is not justifiable.

In Gram Panchayat, Village Salana Jiwan Singh Wala, there is a Sarpanch and eight Panches. Sarpanch and three Panches are on one side and five Panches who were removed, being on other side, constitute majority. It seems that there is a sharp difference of opinion on each issue between the Panches supporting the Sarpanch and other five Panches. In a democratic system difference of opinion is bound to arise and is to be given due credence. In democracy will of the majority has to prevail. This Court is of the view that at this stage, no interference is warranted and impugned order of the Financial Commissioner and Secretary cannot be set aside. However, for smooth functioning of the Gram Panchayat, it is ordered that statutorily two meetings in each month shall be convened by the Sarpanch and for a period of three months, Distt. Development and Panchayat Officer, Fatehgarh Sahib shall act as an Observer. The BDPO, Amloh shall ensure that agenda of the meetings is sent well in advance to all concerned. The DDPO, Fatehgarh Sahib, who shall act as Observer for three months, shall submit his report to the Director, who thereafter shall act in accordance with law.

With the aforesaid directions, the writ petition stands disposed of.