CWP No.20068 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 20068 of 2010 Date of Decision: 11 - 11 - 2010 Gurcharan Singh ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Jaspreet Singh, Advocate for the petitioner. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner was elected as a Sarpanch of Gram Panchayat, Gauspur, Tehsil and District Ludhiana in May, 2008. Admittedly, `No Confidence Motion' proposed against the petitioner has been carried out by 2/3rd majority. Proceedings to this effect have been noticed by the Block Development & Panchayat Officer, Ludhiana-2 in a communication addressed to the Additional Deputy Commissioner (Development), Ludhiana. In the present writ petition, petitioner has prayed that order dated 26.10.2010, Annexure P1 along with letter dated 28.10.2010, Annexure P2, be quashed and his removal be set aside on the following grounds:- CWP No.20068 of 2010 [2] (a) That petitioner had taken active steps to dispossess Mohkam Singh, a relation of Balbir Singh, Member Panchayat from 102 Kanals 1 Marla of Panchayat land and, thus, `No Confidence Motion' was motivated. (b) Balbir Singh, Member Panchayat holds a grudge against the petitioner, as he in his capacity as a Sarpanch had ordered the demarcation of land of Hadda Rori in the village. (c) That Mohkam Singh had played a vital role in influencing the Member Panchayats in passing the `No Confidence Motion', as he was dispossessed from the Gram Panchayat land at the instance of the petitioner. Members of the Gram Panchayat are elected representatives. Election to the Gram Panchayat and its functioning depicts democracy at grass root level. Section 19 of the Punjab Panchayati Raj Act , 1994 provides that Sarpanch of Gram Panchayat can be removed by 2/3rd majority, by passing a `No Confidence Motion'. The will of the people is reflected in the actions of the representatives of the people. If more than 2/3rd members of the Gram Sabha have removed the petitioner by passing a resolution, this Court cannot scrutinize the action of the Panches of the Gram Sabha who voted against the petitioner on the ground that the same was motivated. The will of the majority cannot be tested, verified and examined by the Courts on the alleged ground of mala fide. Hence, there is no merit in the present petition and the same is hereby dismissed in limine. ( KANWALJIT SINGH AHLUWALIA ) November 11, 2010. JUDGE RC CWP No.20068 of 2010 [3]