CWP No.14671 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 18/9/2009 Suresh Kumar Yadav ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. BS Chahar, Advocate, for the petitioner. PERMOD KOHLI, J. (Oral): The petitioner has challenged the notice dated 16.09.2009 (Annexure P-5/T) issued by the Block Development and Panchayat Officer, Hisar-II, for holding the election of Sarpanch of Gram Panchayat of Village Beer, Hisar-II scheduled for 20.09.2009, in his office. The facts leading to the filing of the present petition are that one Avtar Singh was elected as Sarpanch of Panchayat of village Beer. On the basis of certain complaints, an enquiry was ordered against him pursuant to the directions passed by this Court in CWP No.18465 of 2008. The allegations were allegedly proved against him in the enquiry. He was placed under suspension vide order dated 27.02.2009 (Annexure P-1). It is stated that he was again suspended vide order dated 08.04.2009 (Annexure P-2). Later on, on the basis of the regular enquiry, he was ordered to be removed from the post of Sarpanch, vide order dated 25.06.2009 (Annexure P-3). An appeal preferred by him also resulted in the dismissal vide order dated 07.09.2009 (Annexure P-4). In view of the removal of the elected CWP No.14671 of 2009 : 2 : Sarpanch, a direction was issued to hold the meeting of the Panches for electing an acting Sarpanch. The petitioner was made the Acting Sarpanch of the Panchayat in question, vide orders dated 20.03.2009 and 16.04.2009. The petitioner is continuing in that capacity. Now vide notice dated 16.09.2009, issued by the Block Development and Panchayat Officer, Hisar-II, election for the post of Sarpanch has been notified for which special meeting of the Gram Panchayat has been fixed on 20.09.2009 at 1.00 p.m. The petitioner seeks to challenge this order only on the grounds that he has already been elected as Acting Sarpanch and, thus, without cancelling his Membership as Acting Sarpanch, fresh elections cannot be held. The plea of the petitioner is totally baseless. The petitioner was never elected as Sarpanch in accordance with the procedure prescribed in the Haryana Panchayati Raj Act. The petitioner was only elected as an acting Sarpanch in the absence of a regularly elected Sarpanch. No right is vested in the petitioner to continue as acting Sarpanch, nor he has a right to prevent the holding of elections to elect a Sarpanch of the Panchayat in question. For the reasons recorded, I find no merit in the present case and the same is hereby dismissed with no order as to costs. 18.09.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO