C.W.P.No. 2421 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 2421 of 2009 Decided on : 04-03-2009 Gram Panchayat of Village Ghall Kalan ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:-HON'BLE MR. JUSTICE AJAI LAMBA. Present:-Mr. Sant Pal Singh, Advocate for the petitioner. Mr. K.S. Sidhu, AAG, Punjab. Mr. J.S. Ahluwalia, Advocate for respondent No.2. AJAI LAMBA, J(Oral) The petitioner herein is the Gram Panchayat, Village, Ghall Kalan, District Moga. The prayer made in this petition is to issue writ in the nature of mandamus directing the respondents to release the grant in favour of the petitioner-Gram Panchayat. Learned counsel for the petitioner contends that provisions of Section 8 (1) (a) of the Punjab Panchayati Raj Act, 1994 provides that all Grants from Government or Local Authorities are required C.W.P.No. 2421 of 2009 -2- to be credited in Gram Panchayat Fund. Despite such being mandate of the provisions, the petitioner is being discriminated against because majority of the members are from Congress party. Learned counsel for the respondent-State states that directions have been issued vide letter dated 11.02.2009, directing all the Administrative Secretaries of the Punjab State to the effect that the Gram Panchayat should be made the Executing Agency in view of the decision rendered by a Division Bench of this Court in C.W.P. No.9417 of 2006. I have considered the issue. The Division Bench of this Court in C.W.P. No.9417 of 2006 titled 'Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others' on August 21, 2006 issued directions to the following effect:- “In view of the discussion made above, it is held that the Scheme (Annexure R/1), cannot over-ride the provisions of the Act. Accordingly, it is ordered that all the grants sanctioned, whatever may be the source and Scheme, be credited to the funds of the Gram Panchayat and be put at its disposal, for utilization. It is further ordered that if any expertise is needed, the same be provided by technical wing of the department of Rural Development and Panchayats, Punjab. The authorities are at liberty, if need C.W.P.No. 2421 of 2009 -3- be, to ask for prior sanction of the development work in village and approval of estimates etc. However, the officials of the department have got no jurisdiction to execute those works in a village, directly under their own supervision. They may guide the Panches and Sarpanches, if need be.” Since the respondents have already issued appropriate directions vide letter dated 11.2.2009, the same only need to be implemented. In view of the above, this petition is disposed of with directions to Deputy Commissioner, Moga that he shall ensure compliance of the judgment passed by this Court and also the consequent order dated 11.2.2009 passed by the Government. 4th March, 2009. (Ajai Lamba) Monika Judge