Civil Writ Petition No. 20917 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 20917 of 2010 Date of Decision: 20.12.2010 Paramjit Singh and Others …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajesh Kumar Girdhar, Advocate for the petitioners. Mr. Palvinder Singh, Senior Deputy Advocate General, Punjab, for respondents No.1 to 6. Mr. D.S. Gill, Advocate for respondents No.8 to 10. Kanwaljit Singh Ahluwalia, J. (Oral) In the present writ petition, the following prayers have been made:- A) Respondent No.6 be directed to convene a meeting of Gram Sabha for taking a decision on “No Confidence Motion” carried out against respondent No.8-Makhan Singh. B) A direction be given to the official respondents to hold the election for the post of Sarpanch, after Civil Writ Petition No. 20917 of 2010 2 respondent No.8 is removed from the said post by way of “No Confidence Motion”. C) Strict legal action be taken against respondent No.8 for misappropriation of the Panchayat Funds. So far as the prayers No.(A) and (B) are concerned, learned counsel for respondents No. 1 to 6 submits that the Punjab Government had issued an ordinance called “Punjab Panchayati Raj (Amendment) Ordinance, 2010, on 14.12.2010, whereby Section 19 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as “1994 Act”), which prescribes removal of Sarpanch, by way of 2/3rd majority, has been omitted. Therefore, the prayers (A) and (B) cannot be answered by this Court. Regarding misappropriation of the Panchayat funds is concerned, the petitioner is directed to make a representation to the Divisional Deputy Director, Panchayats, Ferozepur, who shall take a decision thereupon, in accordance with the provisions of law, within a period of three month. At this stage, learned counsel for the petitioner submits that respondent No.8-Makhan Singh, Sarpanch, has already tendered his resignation on 13.12.2010. Learned counsel for respondent No.8 to 10 submits that respondent No.8-Makhan Singh is well within his rights to withdraw his resignation within a period of 15 days, from the date it is tendered. Be that as it may, the concerned Officer is directed to take a decision on the resignation, so tendered by respondent No.8-Makhan Singh, within a period prescribed under Section 17 of the 1994 Act. Civil Writ Petition No. 20917 of 2010 3 With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 20, 2010 “DK”