IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12896 of 2008 DATE OF DECISION : 18.09.2008 Kulwant Singh and another .... PETITIONERS Versus State Election Commissioner and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. H.S. Rakhra, Advocate, for the petitioners. Mr. N.S. Virk, Addl. A.G., Punjab, for respondents No.1 to 6. Mr. Anupreet Singh Sidhu, Advocate, for respondents No.7, 10 to 13. * * * SATISH KUMAR MITTAL , J. The petitioners, who are 2 elected Panches in the 11 Member Gram Panchayat of village Gomti Kalan, Tehsil and District Bathinda, have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.7 as Sarpanch of the Gram Panchayat. In the petition, it has been stated that after notification of the elected Panches of the Gram Panchayat, meeting of the Gram Panchayat under Section 13-A of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act') was held on 18.7.2008, in which respondent No.7 was illegally elected as Sarpanch, without having any majority. It is alleged CWP No. 12896 of 2008 -2- that notices were issued to the Panches for attending the said meeting at Panchayat Ghar, Gomti Kalan, but actually when the petitioners and two other Panches, namely Hardip Kaur and Mohinder Kaur went to attend the said meeting at Panchayat Ghar, Gomti Kalan, neither the Presiding Officer nor the other Panches were found present there. It is further alleged that the petitioners and the aforesaid two other Panches remain standing at the Panchayat Ghar, Gomti Kalan, till 5.30 p.m., but no body turned up to convene or attend the meeting. It has been further alleged that subsequently, the petitioners came to know that meeting of the Panches for election of the Sarpanch was held at Market Committee, Bhagta Bahi Ka, which is outside the jurisdiction of Gram Sabha Gomti Kalan. In that meeting, respondent No.7 was illegally elected as Sarpanch of the Gram Panchayat. With the writ petition, the petitioners have not annexed copy of the proceedings of the meeting held on 18.7.2008. Pursuant to the notice, written statement on behalf of respondents No.7, 10 to 13 has been filed in Court today. The same is taken on record and its copy has been supplied to counsel for the petitioners. Copy of the minutes of meeting dated 18.7.2008 has also been annexed as Annexure R-7/1. We have heard counsel for the parties. A perusal of the copy of the minutes of meeting dated 18.7.2008, Annexure R-7/1, clearly shows that out of the 11 Panches, 7 attended the meeting on 18.7.2008 and in the said meeting, respondent No.7 was unanimously elected as Sarpanch of the Gram Panchayat. The four CWP No. 12896 of 2008 -3- Panches, including the petitioners, did not attend the said meeting in spite of notice. A copy of the notice issued to the Panches for the said meeting has been annexed as Annexure P-1, which indicates that the meeting was to be held on 18.7.2008 at Panchayat Ghar at 2.00 P.M. The contention raised by learned counsel for the petitioners that the aforesaid meeting was not properly convened and was not held at Panchayat Ghar, Gomti Kalan, cannot be accepted, because in the proceedings, it has been stated that meeting of the Panches was held at Panchayat Ghar, Gomti Kalan on 18.7.2008 at 2.00 p.m., under the chairmanship of Shri Ramesh Dutt, SDO B&R. It is not disputed that Shri Ramesh Dutt, SDO B&R was duly authorised by the Deputy Commissioner, Bathinda, to conduct the said meeting under Section 13-A of the Act. The proceedings of meeting have already been signed by Sh. Ramesh Dutt, Panchayat Secretary and all the members of the Panchayat, who attended the said meeting. In view of the above, we are of the opinion that respondent No.7 was legally elected as Sarpanch of the Gram Panchayat in the meeting of the Panches, duly held on 18.7.2008. Thus, we do not find any merit in the instant petition and the same is hereby dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 18, 2008 ( JASWANT SINGH ) ndj JUDGE