Nasib Singh vs State of Punjab

D.S. Tewatia, J. (Oral)

The petitioner has challenge the order dated the 11th August, 1978, Annexure P.8, inter alia on the ground that this order has been passed by an official exercising the powers of (sic), and the appeal is disposed of by order annexure P.8 again by an official exercising the powers of the Director. Subsection (6) of section 102 of the Gram Panchayat Act (hereinafter referred to as the Act) however, envisages that the appeal from the order of the Director passed under section 102(1) of the Act shall lie to the Government.

It is not disputed that the order, annexure P.8 in appeal, had been passed by the official who held the post of Director, as also that of the Deputy Secretary (Development). Since the order has been passed by the Deputy Divisional Director of Panchayats, exercising the power of the Director, the official of the co ordinate rank cannot exercise power on behalf of the Government under subsection (6) of section 102 of the Act, while sitting in appeal on the order of the Director. Hence, this order, annexure P.8, is clearly without jurisdiction and is, therefore, quashed. No order as to costs.

Learned counsel for the petitioner contends that the order, annexure P.6 removing the petitioner should also be quashed, but for that alternative remedy by way of appeal is available and this Court in this petition would got into the question of the merits of the order annexure P.6.

The interim order dated the 23rd August 1978 permitting the petitioner to file his nomination papers for the Panchayat election is recalled.