Civil Writ Petition No. 9037 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 9037 of 2010 Date of Decision: 19.8.2010 Hukam Singh …Petitioner Versus Director, Rural Development and Panchayats, Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. J.S. Bhandohal, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for respondents No.1 to 4. Mr.Harinder Singh, Advocate for respondent No.5. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed by Hukam Singh, who was elected as a Sarpanch of Gram Panchayat, Village Kheri Sodhian, Tehsil Malerkotla, District Sangrur, on 26.5.2008. It is stated that the petitioner belongs to a backward class category and is engaged in the work of mason. Grievance of the petitioner is that on 5.3.2010, he was taken forcibly to the Rice Sheller by Dilbagh Singh, Panch and Dalwara Singh, where he was threatened and further taken to Malerkotla where he was compelled to sign the blank papers. It is stated that on those Civil Writ Petition No. 9037 of 2010 2 blank papers, his resignation from the post of Sarpanch was drafted and sent to the office of Divisional Deputy Director, Rural Development and Panchayats, Patiala, for its acceptance. Learned counsel for the petitioner submits that the alleged resignation was forwarded by the Block Development and Panchayat Officer, Malerkotla, on 8.3.2010 and the resignation was accepted, vide order dated 15.3.2010 (Annexure P1). A prayer has been made in the present writ petition that the order (Annexure P1), whereby the resignation was accepted, be quashed as the same was not voluntary and was obtained under duress or coercion. The second argument raised before this Court is that under the provisions of Section 17 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as “1994 Act”), for a period of 15 days, resignation of the petitioner was to be kept in abeyance and the same was to be accepted after the expiry of such stipulated period. It is further submitted that the acceptance of resignation, before the expiry of a stipulated period of 15 days, is not in consonance with the provisions of law and the same is liable to be quashed. The petitioner has very heavily relied upon Annexure P2, a communication addressed to the Senior Superintendent of Police, Sangrur, with copies to the Chief Minister of the State, Deputy Commissioner, Sangrur, Commissioner, Patiala Division, Patiala and Director, Rural Development and Panchayats, Punjab. In support of this, the petitioner has relied upon Annexure P3, postal receipts, showing despatch of Annexure P2 to all the abovesaid authorities. A perusal of Annexure P3 also reveals that one letter was also sent to the District Development and Panchayat Officer, Sangrur. Civil Writ Petition No. 9037 of 2010 3 To appreciate the facts, which have been culled out from the writ petition, it will be apposite here to reproduce below Section 17 of the 1994 Act:- “17. Resignation of Sarpanch. (1) The Sarpanch may resign his office by writing under his hand addressed to the Deputy Director concerned. (2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority”. Sub Section (2) to Section 17 of the 1994 Act specifically states that the resignation shall take effect after the expiry of a period of 15 days, from the date of its receipt, unless within such period, such resignation is withdrawn in writing. A perusal of communication dated 10.3.2010 (Annexure P2) reveals that the petitioner has specifically stated that his resignation was not voluntary and was obtained forcibly. In the written statement, filed by respondents No.1 to 4, it has been stated that resignation dated 5.3.2010 along with the affidavit was received on 8.3.2010 by the Block Development and Panchayat Officer, Malerkotla, who forwarded the same to the District Development and Panchayat Officer, Sangrur, on 10.3.2010 and the same was accepted by the Divisional Deputy Director, Rural Development and Panchayat, Civil Writ Petition No. 9037 of 2010 4 Patiala, on 15.3.2010. The object of Sub Section (2) to Section 17 of the 1994 Act, is that a cooling period must be provided to the person who submits his resignation. For holding the election to the post of a Sarpanch, considerable expenses are incurred and official machinery is deployed which result into a heavy loss of public time and energy. Therefore, the legislature intended to provide a period of 15 days, within which a person may withdraw his resignation. As and when the resignation is forwarded, the authority, which accepts the same, has to wait for a period of 15 days. In the present case, before the expiry of a period of 15 days, the resignation was accepted. Therefore, the petitioner was deprived of his right to withdraw the resignation before the expiry of a period of 15 days. Hence, this Court is of the considered view that order dated 15.3.2010 (Annexure P1), whereby the resignation of the petitioner, from the post of Sarpanch, was accepted, is liable to be set aside. Ordered accordingly. The writ petition stands disposed of. (Kanwaljit Singh Ahluwalia) Judge August 19, 2010 “DK”