IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12510 of 2008 DATE OF DECISION: SEPTEMBER 15, 2008 Hardial Singh .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.Krishan Singh, Advocate, for the petitioner. Mr.N.S.Virk, Addl.A.G.,Punjab, for respondents No.1 to 4. Mr. T.P.S. Tung, Advocate, for respondents No.5 to 9. .. SATISH KUMAR MITTAL, J. The sole question raised in this petition is whether the election of Sarpanch of the Gram Panchayat of Village Mandvi, Tehsil Moonak, District Sangrur can be kept in abeyance till filling up of the casual vacancy of the Member, Gram Panchayat, which has occurred due to the death of one Member, after notification of the election of the Gram Panchayat under Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'). In this case, the election of Village Gram Panchayat Mandvi C.W.P. No.12510 of 2008 -2- was held on 26.5.2008 in which total nine Panches were elected, including the petitioner. Thereafter, the said election was duly notified under Section 13 of the Act. After the said notification, one elected Panch, namely, Smt. Jasvir Kaur, died on 8.6.2008. Subsequently, the Deputy Commissioner in exercise of the powers under Section 13-A of the Act authorised respondent No.4 to convene the meeting of the newly elected Panches for election for the office of Sarpanch. In view of the said authorization, respondent No.4 decided to convene a meeting of the Panches for election for the office of Sarpanch on 17.7.2008. The petitioner, who is one of the elected Panch, has filed the instant petition for issuing direction to the respondents not to conduct the election of Sarpanch of Village Gram Panchayat Mandvi without first filling-up the vacancy of Panch, which has occurred due to the death of one of the elected Panches, namely, Smt. Jasvir Kaur. On July 22, 2008, this Court while issuing notice of motion, directed that the election of the Sarpanch shall remain stayed. We have heard the counsel for the parties. Similar controversy was raised before this Court in CWP No.14128 of 2008, titled as Sukhdip Singh Versus The State of Punjab and others, decided on August 12, 2008, wherein it has been held as under:- “In our opinion, when after the election of all the Panches of Gram Panchayat of village Akoi Sahib has been duly notified then holding of the election for the office of Sarpanch in the meeting which was convened under Section 13-A of the Act, cannot be kept in abeyance till filling-up of the casual vacancy. The casual vacancy is required to be filled up by way of election. Though no specific time has been given for re-election for filling up of the casual vacancy, but from the C.W.P. No.12510 of 2008 -3- reading of the Proviso, it appears that re-election for filling up of the casual vacancy should be done within six months. In our opinion, for six months the election of the Sarpanch cannot be kept in abeyance particularly when election of all the Panches was duly notified by the State Government, and thereafter, a casual vacancy has occurred due to death of one member.” In view of the above, we do not find any merit in this petition and the same is hereby dismissed. (SATISH KUMAR MITTAL) JUDGE September 15, 2008 ( JASWANT SINGH ) vkg JUDGE