IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.22536 of 2010 Date of decision: 21st December, 2010 Baljinder Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Simranjit Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed with a prayer that a writ in the nature of mandamus be issued and the respondents be directed to act in consonance with the resolution passed by the 2/3rd majority of the members of Gram Panchayat, village Jhanda Lubaba Kahnuwan, District Gurdaspur, whereby Sarpanch of the Gram Panchayat was removed from the office. It is further prayed that the State authorities be directed to issue a notification to denotify the election of Sarpanch, against whom no- confidence-motion was passed by 2/3rd majority of the members of Gram Panchayat. Issue notice of motion. On the asking of Court, Mr. Anil Kumar Sharma, Additional Advocate General, Punjab accepts notice on behalf of the respondents. A copy of the petition has been supplied to him. Counsel for the State has submitted that the State of Punjab has issued an ordinance, called “Punjab Panchayati Raj Amendment Ordinance, 2010” on 14th December, 2010, whereby Section 19 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as, ‘the Act’), Civil Writ Petition No. 22536 of 2010 which prescribes removal of a Sarpanch by passing a resolution by 2/3rd majority of the members of Gram Panchayat, has been omitted. Counsel for the State has further submitted that in view of the legislative change, the prayer made by the petitioner cannot be answered. Counsel for the petitioner has made a grievance that the above said ordinance is ultra-vires of the Constitution of India and cannot be sustained in the eyes of law. Learned counsel has further stated that it cannot be applied retrospectively to annul the proceedings, which were passed by the 2/3rd majority of the members of Gram Panchayat on 30th August, 2010. At this stage, counsel for the petitioner has submitted that since he intends to challenge the vires of the ordinance issued by the State of Punjab, a liberty be granted to him to file a fresh writ petition. Learned counsel has further stated that he be also permitted to raise an argument that the ordinance cannot be applied retrospectively. After hearing counsel for the parties, this Court is of the opinion that the prayer made in the present writ petition cannot be accepted in view of the ordinance, called “Punjab Panchayati Raj Amendment Ordinance, 2010” issued by the State of Punjab, whereby Section 19 of the Act has been omitted. However, liberty is granted to the petitioner to challenge the vires of the ordinance and also to plead and urge that the same cannot be applied retrospectively. This liberty is being granted as the pleadings to this effect are lacking in the present writ petition. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE December 21, 2010 rps 2