Surinder Kaur & Ors. v. State of Punjab & Ors.

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. G.S. Nagra, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who have been elected as Panches of Gram Panchayat, Village Rurka Kalan, Tehsil Phillaur, District Jalandhar, have filed this petition under Articles 226/227 of the Constitution of India for quashing the impugned action of respondents No.4 and 5, vide which they have not elected petitioner No.1 as Sarpanch being in majority. It is case of the petitioners that on 19.7.2008, a meeting of the Panches for election of Sarpanch was convened, and without electing the Sarpanch, the meeting was adjourned to 20.7.2008. On 20.7.2008, again the meeting was adjourned to 25.7.2008. Thereafter, no meeting was held. Counsel for the petitioners has stated at bar that till date, no CWP No. 13871 of 2008 -2- meeting for electing the Sarpanch has been convened. Notice of motion. On our asking, Mr. N.S. Virk, Addl. Advocate General, Punjab, who is present in Court, accepts notice on behalf of respondents No.1 to 3. We have heard counsel for the parties. In a similar case i.e. CWP No. 12694 of 2008, titled as Gurmeet Singh versus State of Punjab and others, decided on July 23, 2008, this Court has issued general directions to conduct the election of the Sarpanch in accordance with the provisions of the Punjab Panchayati Raj Act, 1994. Keeping in view the said direction, we dispose of this petition with a direction to respondent No.3 that if the election of Sarpanch of Gram Panchayat, Village Rurka Kalan, Tehsil Phillaur, District Jalandhar has not been held so far, the same be conducted within a period of seven days, after giving three days' prior notice to all the Panches, in accordance with the directions, already given by this Court in CWP No. 12694 of 2008. It is further directed that election of the Sarpanch will be held in the Village itself. Copy of this order be given dasti to counsel for the parties under the signatures of the Bench Secretary. ( SATISH KUMAR MITTAL ) JUDGE August 06, 2008 ( DAYA CHAUDHARY ) JUDGE