CWP No. 9840 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 9840 of 2011 DATE OF DECISION: May 30, 2011 Gursharan Singh .........PETITIONER(S) VERSUS The Secretary-cum-Financial Commissioner, Appeals, Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Anil Shukla, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) 1. Learned counsel contends that vide order Annexure P-1 dated 02.05.20121, the petitioner has been suspended from the post of Sarpanch, Gram Panchayat Ramgarh Sainian, District Fatehgarh Sahib. 2. The petitioner carried a statutory appeal under the Punjab Panchayati Raj Act, 1994, as would be evident from Annexure P-3. Alongwith the appeal, an application for stay of operation of impugned order has been filed. The appeal has not been heard nor any order passed on the stay application. In the meantime, an endeavour is being made to take the charge from the petitioner which would render the appeal infructuous. Learned counsel further contends that a finding has been recorded by a statutory authority that the father of the petitioner was not in unauthorized possession of the land. It has been stated that if the appeal is heard, the said fact would be brought to the notice of the appellate authority. CWP No. 9840 of 2011 2 3. Notice of motion to respondents no. 1 and 2 only in view of peculiar facts and circumstances of the case. 4. On the asking of the Court, Mr. G.S. Attariwala, Addl. A.G., Punjab accepts notice on behalf of respondents no. 1 and 2. Requisite number of copies of writ petition have been handed over to him in Court. 5. Heard. 6. Learned counsel for the respondent-State has not been able to dispute the right of hearing of the petitioner in appeal. 7. The petitioner is an elected representative at the nucleus level in the democratic set up. Such rights cannot be taken away, particularly when remedy of statutory appeal has been provided. Appeal and stay application are required to be heard by the appellate authority so as to avoid causing manifest injustice. Delay in hearing the appeal shall cause defeat of rights of the petitioner. 8. This petition is disposed of with directions to Secretary-cum- Financial Commissioner, Punjab to deal with the appeal filed by the petitioner against order dated 02.05.2011 and pass orders, at least on the stay application on or before 29.07.2011. 9. In the meantime, it is directed that status quo shall be maintained. 30.05.2011 (AJAI LAMBA) shivani JUDGE