IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.550 of 2011 (O&M) Date of decision: 29.4.2011 Nirbhai Singh. -----Appellant. Vs. State of Punjab & others. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. M.K. Singla, Advocate for the appellant. Ms. Madhu Dayal, Addl.A.G., Punjab. Mr. V.K. Sandhir, Advocate for respondents No.4. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred against order allowing the writ petition of the contesting respondents against resolution dated 14.10.2010, Annexure P-2, passed by the Gram Panchayat removing the contesting respondent from the post of Sarpanch on account of No Confidence Motion passed in meeting presided over by the nominee of the Block Development and Panchayat Officer who is of the rank not below of Social L.P.A. No.550 of 2011 Education and Panchayat Officer as per Section 19 of the Punjab Panchayati Raj Act, 1994 (for short, “the Act”). 2. Learned Single Judge held that pay scale of the nominee being higher was not enough to treat him of the requisite rank. 3. We are unable to subscribe to this view. There being no statutory definition of the rank, the Block Development and Panchayat Officer could have authorized a person of appropriate rank, considered to be higher to the specified rank under Section 19(3) of the Act. Thus, the view taken by learned Single Judge cannot be sustained. 4. It has been pointed out by learned counsel for the respondents that the impugned provision has been repealed, though the repeal is under challenge. 5. While setting aside the impugned order, we make it clear that operation of the resolution against the writ petitioner will be as per statutory provisions or as per orders passed in proceedings against the repeal of the provision. The appeal is disposed of. (ADARSH KUMAR GOEL) JUDGE April 29, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2