Harbhal Singh & Ors. v. State of Punjab & Ors.

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY ..... RESPONDENTS Present: Mr. A.S. Manaise, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who have been elected as Panches of Gram Panchayat, Village Kot Dharam Chand Kalan, Tehsil and District Tarn Taran, have filed this petition under Articles 226/227 of the Constitution of India for directing the respondent authorities to hold the elections of Sarpanch of the aforesaid Gram Panchayat. It is case of the petitioners that on 20.7.2008, a meeting of the Panches for election of Sarpanch was convened and all the petitioners were present, but no election was held due to lack of quorum. Thereafter, the second meeting of the Panches was called on 22.7.2008, but the election for the office of Sarpanch could not be held, as the Returning Officer had lost the proceeding book. Thereafter, no meeting has been held. Counsel for the petitioners has stated at bar that till date, no meeting for electing the Sarpanch has been convened. In this regard, CWP No. 13888 of 2008 -2- affidavit of petitioner No.1 Harbhal Singh has also been filed in Court today. The same is taken on record. Notice of motion. On our asking, Mr. N.S. Virk, Addl. Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondents. 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.4 that if the election of Sarpanch of Gram Panchayat, Village Kot Dharam Chand Kalan, Tehsil and District Tarn Taran 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 08, 2008 ( DAYA CHAUDHARY ) JUDGE