IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.21030 of 2010 Date of decision: 21st December, 2010 Baljit Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Issue notice of motion. On the asking of Court, Mr. Anil Kumar Sharma, Additional Advocate General, Punjab accepts notice on behalf of respondents No.1 to 3. A copy of the petition has been supplied to him. Present writ petition was filed with a prayer that a writ in the nature of certiorari be issued and resolution (Annexure P-1) dated 19th November, 2010 be quashed. A perusal of the resolution (Annexure P-1) reveals that four out of the seven members of the Gram Sabha had voted against the petitioner-Sarpanch and the no-confidence-motion was carried. 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, 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 Civil Writ Petition No. 21030 of 2010 submitted that in case the resolution passed by the Gram Sabha, in the present case, has not been notified and the election has not been denotified, the petitioner-Sarpanch shall continue to remain in office; therefore, this fact is required to be examined as to whether the election of the petitioner-Sarpanch has been denotified or another Sarpanch has been elected as a designate Panch or not. In the present case, on November 29, 2010 arguments were heard and the judgment was reserved. In these changed circumstances, the case has been taken up for re-hearing. Respondent No.2-Director, Department of Rural Development and Panchayats, Punjab is directed to afford an opportunity of hearing to the petitioner-Sarpanch as well as to respondents No.7 to 9 and to determine the effect of resolution (Annexure P-1) in view of the above said ordinance issued by the State of Punjab. The needful shall be done within one month from the date of receipt of a certified copy of this order. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE December 21, 2010 rps 2