Surjit Kaur vs State of Punjab and Others

Kanwaljit Singh Ahluwalia, J.—Petitioner Surjit Kaur, Panch, assailed the election of Respondent No. 5-Sukhwinder Singh as Sarpanch on the ground that he was illegally elected as such by conducting toss without complying with the provisions of the Punjab Panchayati Raj Act, 1994. It was further stated that the Petitioner was not elected at that time, therefore, only four Panches elected Respondent No. 5 as Sarpanch, was having only support of Respondent No. 6.

Learned Counsel for the Petitioner submits that since the period of two years is going to elapse, he will not join the issue provided "No Confidence Motion", as proposed by the Petitioner and other Panches, is put to vote within specified time.

Learned Counsel for Respondents No. 1 to 4 has no objection there to.

Accordingly, it is ordered that in case the Petitioner along with the other Panches submits "No Confidence Motion", within a period of 30 days from today, Respondent No. 3-Block Development and Panchayat Office, Block-2, Malerkotla, shall put it to vote, after giving seven days'' clear notice to all the members of the Panchayat excluding the days of notice and meeting. Needless to say that the result of "No Confidence Motion" will be binding upon the parties.

With the observations made above, the present writ petition is disposed of. No order as to costs.