Kamaljit Singh vs State of Punjab and Others

Kanwaljit Singh Ahluwalia, J.—Present writ petition has been filed seeking a writ in the nature of certiorari for quashing the resolution (Annexure P-1) dated 28th October, 2010.

After hearing counsel for the Petitioner, this Court is of the view that present writ petition can be disposed of by issuing notice of motion only to Respondents No. 1 to 3.

Issue notice of motion to Respondents No. 1 to 3. On the asking of Court, Mr. Palvinder Singh, Senior DAG, Punjab, accepts notice on their behalf. A copy of the petition has been supplied to him.

Counsel for the Petitioner has submitted that the resolution (Annexure P-1) was passed on 28th October, 2010, whereby the Petitioner was removed from the office of Sarpanch by 2/3rd majority of members of the Gram Panchayat. Learned Counsel has further submitted that Section 19 of the Punjab Panchayati Raj Act, 1994, which prescribes removal of a Sarpanch by passing a resolution by 2/3rd majority of the members of Gram Panchayat, has been repealed. It is further stated that State of Punjab has taken a stand that those Sarpanches, whose election has not been denotified, shall continue to remain in office.

After hearing counsel for the parties, present writ petition is hereby disposed of by directing Respondent No. 2-Director, Department of Rural Development and Panchayat, Punjab to afford an opportunity of hearing to the Petitioner as well as to Respondents No. 5 to 7 and determine the validity of the resolution (Annexure P-1) in view of the legislative change and the stand taken by Respondent No. 2 in various other writ petitions. The needful shall be done within one month from the date of receipt of a certified copy of this order.