Punjab-Haryana High Court
Smt.Gurinder Kaur vs State Of Punjab And Others on 18 November, 2008
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal, Jaswant Singh
C.W.P. No. 13710 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 13710 of 2008
DATE OF DECISION: NOVEMBER 18, 2008
Smt.Gurinder Kaur
.....PETITIONER
Versus
State of Punjab and others
....RESPONDENTS
CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE JASWANT SINGH
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Present: Mr.D.S. Pheruman, Advocate,
for the petitioner.
Mr.M.S.Sindhu,Addl.A.G.,Punjab,
for respondents No.1 to 3.
Mr.Veneet Sehgal, Advocate,
for respondent No.4.
Mr.Harsh Bunger, Advocate,
for respondent No.5.
..
SATISH KUMAR MITTAL, J.
The petitioner, who claims that she was elected as Sarpanch of Gram Panchayat of Village Awan, District Amritsar held on 23.7.2008, has filed this petition for setting aside the proceedings of the meeting subsequently held on 28.7.2008 (Annexure P7), in which respondent No.5 has been elected as Sarpanch of the Gram Panchayat.
In the present case, Gram Panchayat of Village Awan consists of nine members. All the nine members were elected in the election of the Panchayat held on 26.5.2008. After the election, the names of the elected C.W.P. No. 13710 of 2008 -2- Panches were notified under Section 13(1) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act') vide notification dated 4.6.2008. Thereafter, under Section 13A of the Act, Deputy Commissioner, Amritsar authorized one Ravinder Singh, J.E. as Presiding officer to convene the meeting of the newly elected Panches and to conduct the election of Sarpanch of the Gram Panchayat.
It is the case of the petitioner that the first meeting of the Gram Panchayat was convened on 18.7.2008, which was only attended by five Panches out of nine, but due to lack of quorum as required in sub-rule (2) of Rule 45 of the Punjab Panchayat Election Rules, 1994, as amended up to 2008, the said meeting was adjourned. Thereafter, the next meeting was adjourned for 22.7.2008. It is alleged that on that date also the meeting was again adjourned for 23.7.2008. It is further the case of the petitioner that on 23.7.2008 the meeting was held in the office of SDM, Ajnala at 4.00 in presence of Shri Ravinder Singh, Presiding Officer, in which four Panches came present and they unanimously elected the petitioner as Sarpanch of the Gram Panchayat. It is also the case of the petitioner that after her election as Sarpanch, the petitioner was duly declared elected as Sarpanch and her name was sent by the Presiding Officer to the Returning Officer for notifying her name in the notification.
It is further the case of the petitioner that in spite of the fact that the petitioner was elected as Sarpanch in the meeting of the Members, Panchayat held on 23.7.2008, the Deputy Commissioner authorized one Bikramjit Singh, Presiding Officer, to convene a fresh meeting for conducting the election of Sarpanch of the Gram Panchayat. Consequently, a meeting was convened by Bikramjit Singh on 28.7.2008. It is the case of C.W.P. No. 13710 of 2008 -3- the petitioner that no notice of the said meeting was given to the petitioner and other Panches of her group. Therefore, the said meeting was attended by only five Panches in which Gurcharanjit Singh (respondent No.5) has been elected as Sarpanch of the Gram Panchayat. Faced with this situation, the petitioner has filed the instant petition for quashing the resolution dated 28.7.2008 with a direction to the respondents to notify the name of the petitioner as elected Sarpanch of the Gram Panchayat.
Separate written statements have been filed on behalf of respondents No.1 & 3, 4 and 5. It is mentioned here that though Shri Bikramjit Singh, who conducted the meeting on 28.7.2008, has been impleaded as respondent No.4, but the petitioner consciously has not impleaded Shri Ravinder Singh as a respondent, who conducted the meeting held on 23.7.2008. In the written statement filed by way of counter affidavit of Kahan Singh Pannu, Deputy Commissioner, Amritsar on behalf of respondents No.1 & 3, it has been stated that Shri Ravinder Singh was appointed as Presiding Officer and Shri Jasbir Singh, Estate Officer, PUDA, Amritsar was appointed as Observer for the election of Sarpanch of Gram Panchayat, Awan. It is further stated that Shri Ravinder Singh, Presiding Officer informed the Observer on telephone on 23.7.2008 that the meeting for election of Sarpanch was fixed for 25.7.2008 at the office of SDM, Ajnala. On 25.7.2008, five elected Panches and Observer attended the meeting, but Ravinder Singh, JE did not come present because he had proceeded on medical leave from 24.7.2008 to 27.7.2008. Keeping in view his medical leave, Block Development and Panchayat Officer, Ajnala vide letter dated 25.7.2008 sent proposal for appointment of another officer as Presiding officer in place of Shri Ravinder Singh. On the basis of the said C.W.P. No. 13710 of 2008 -4- letter, Deputy Commissioner appointed Shri Bikramjit Singh, respondent No.4 as Presiding Officer and authorized him to hold the election for the office of Sarpanch of Gram Panchayat Awan. It is further stated that in view of the said authorization and permission, Bikramjit Singh fixed the meeting of the Gram Panchayat on 28.7.2008 for the election of Sarpanch. Notice of this meeting was duly served to all the Panches, including the petitioner. However, the petitioner refused to accept the said notice and she and her group did not attend the meeting in spite of having notice. In pursuance of the notice, the meeting was held on 28.7.2008 under the supervision of Election Observer Shri Jasbir Singh, which was attended by five out of nine members, wherein Gurcharanjit Singh-respondent No.5 was elected as Sarpanch of the Gram Panchayat.
In the reply filed by Shri Bikramjit Singh, Presiding Officer (respondent No.4), it has been categorically stated that in view of the authorization to conduct the meeting and to hold the election of Sarpanch, he convened the meeting of the Panches of the Gram Panchayat on 28.7.2008. Notice of the said meeting was served to all the Panches. However, out of nine, only five Panches had attended the meeting in which Gurcharanjit Singh-respondent No.5 was duly elected as Sarpanch of the Gram Panchayat. He has placed on record a copy of the letter dated 25.7.2008 written by the District Electoral Officer-cum-Deputy Commissioner, Amritsar authorizing him to conduct the meeting in which it has been clearly mentioned that he was deputed in place of Shri Ravinder Singh to conduct the election of Sarpanch of the Gram Panchayat. He has also placed on record a copy of the proceedings of the meeting held on 28.7.2008. It has been further stated by him that after the election of C.W.P. No. 13710 of 2008 -5- respondent No.5, his name was sent to the District Electoral Officer-cum- Deputy Commissioner, Amritsar for notifying his name. He has also annexed a copy of the report submitted by the Observer to the District Electoral Officer-cum-Deputy Commissioner, Amritsar as Annexure R-4/6. It is further stated that thereafter the name of respondent No.5 has been notified as Sarpanch of the Gram Panchayat, a copy of which has also been annexed as Annexure R-4/7.
Respondent No.5-the elected Sarpanch has also filed the written statement on the same lines.
We have heard the counsel for the parties.
The dispute in this petition is whether Ravinder Singh, earlier Presiding Officer, had conducted any meeting on 23.7.2008 and in the said meeting the petitioner was elected as Sarpanch of the Gram Panchayat. The respondents have strongly denied that any such meeting was held on 23.7.2008 in which the petitioner was elected as Sarpanch. It is the case of the respondents, as stated in the written statement filed by the Deputy Commissioner, that after the appointment of Bikramjit Singh as the new Presiding Officer to hold the election of Gram Panchayat of Village Awan, Shri Ravinder Singh, the previous Presiding Officer sent Form No.XI declaring the petitioner as elected Sarpanch of the Gram Panchayat, though no meeting was held by him on 23.7.2008 as he himself had telephonically informed Shri Jasbir Singh, Election Observer that the meeting was fixed for 25.7.2008, and since Shri Ravinder Singh had taken the medical leave, under those circumstances, a new Presiding Officer was appointed. One fact is clear, which is also not disputed by the counsel for the petitioner that the alleged meeting held on 23.7.2008 was not conducted in presence of the C.W.P. No. 13710 of 2008 -6- Election Observer. The proceedings of the said meeting were also not written by the Panchayat Secretary. The petitioner consciously has not impleaded Ravinder Singh, the earlier Presiding Officer, therefore, prima- facie there is no material on the record except the alleged statement of the petitioner in the writ petition that she was declared elected as Sarpanch in the meeting held on 23.7.2008. On the other hand, various documents annexed by the respondents, prima-facie establish that Shri Bikramjit Singh was duly appointed as Presiding Officer in place of Ravinder Singh, and thereafter, the meeting was duly conducted on 28.7.2008 which was attended by five out of nine Panches. Therefore, the election of respondent No.5, which was duly held on 28.7.2008, has already been notified. In view of these facts, we do not find any ground to set aside the election proceedings held on 28.7.2008 in which Gurcharanjit Singh-respondent No.5 was declared elected as Sarpanch of the Gram Panchayat and whose name has also been notified.
Dismissed.
(SATISH KUMAR MITTAL)
JUDGE
November 18, 2008 ( JASWANT SINGH )
vkg JUDGE