IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5536 of 2009 DATE OF DECISION: April 15, 2009 Amarjit Singh .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Harsh Aggarwal, Advocate, Advocate, for the petitioner. AJAI LAMBA, J. (ORAL) Learned counsel contends that respondents no. 5 & 6 are the elected Panches of Gram Panchayat Village Khaira Dona Tehsil and District Kapurthala. The said respondents have encroached upon the Panchayat land and therefore, were ineligible for contesting elections for Member Gram Panchayat. Yet they were permitted to contest the elections and were elected as Panches. It seems that the petitioner gave representations to the higher authorities for holding enquiry. Contention of learned counsel for the petitioner is that the respondents would be the contestants for the post of Sarpanch. It has been argued that a person who is not eligible to contest for the post of Panch cannot be allowed to contest for the seat of Sarpanch. Learned counsel states that there is a further development in so much as an enquiry has been initiated against respondents no. 5 & 6 under the Punjab Panchayati Raj Act C.W.P. No. 5536 of 2009 -2- 1994 and, therefore, the said respondents are now being proceeded against. Learned counsel has also pointed out that election of Sarpanch was scheduled for 08.04.2009. Election, however, was not held and no further date has been notified. This petition is disposed of as having become infructuous in view of the statement of learned counsel for the petitioner that inquiry has been initiated against respondents no. 5 & 6 and, therefore, action as required by law is being taken. The authorities are directed to finalize the enquiry proceedings within four months of receipt of certified copy of the order. In case findings are recorded against respondents no. 5 & 6, proceedings would be initated against them as required by law and concluded within two months of submission of enquiry report. 15.04.2009 (AJAI LAMBA) shivani JUDGE