IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13238 of 2008 DATE OF DECISION: NOVEMBER 20, 2008 Avtar Singh and another .....PETITIONERS Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.N.S.Gill, Advocate, for the petitioners. Mr.M.S.Sindhu, Addl.A.G.,Punjab, for respondents No.1 to 6. Mr.M.S.Bedi, Advocate, for respondents No.7 and 8. .. SATISH KUMAR MITTAL, J. (ORAL) The petitioners, who are the elected Panches of Village Gram Panchayat Thikriwal Goraya, Block Kahnuwan, District Gurdaspur, have filed this petition under Article 226 of the Constitution of India for quashing of proceedings of the meeting of the Gram Panchayat held on 19.7.2008, wherein respondent No.7 was elected as a Sarpanch of the Gram Panchayat. It is the case of the petitioners that this Gram Panchayat consists of five members. However, in the election only four Panches were elected and one seat reserved for Woman category is lying vacant as nomination paper of only candidate in that category was rejected. It is further the case of the petitioners that after issuance of notification of the election of four members of the Gram Panchayat and after giving them oath, the first meeting of the Gram Panchayat under Section 13-A of the Punjab Panchayati Raj Act, 1994 was convened and held on 18.7.2008. On that date, both the petitioners were present and the said meeting was adjourned. Thereafter, the said meeting was held without any notice to the petitioners in which two persons elected one person as a Sarpanch of the Gram Panchayat. C.W.P. No.13238 of 2008 -2- During the course of hearing, it has been pointed out that the election for one seat reserved for Woman, which is lying vacant, is going to be held on 26.11.2008. During the course of hearing, we have seen the original proceeding book as well as notices, which have been produced in Court. It is the case of the respondents that notices were given to all the members to attend the meeting on 19.7.2008, whereas notices to both the petitioners are stated to have been refused. After perusal of the record as well as notices, when this Court was prima-facie of the opinion that no meeting was held on 19.7.2008, then counsel for the petitioners as well as counsel for respondents No.7 and 8 arrived at a consensus that let fresh meeting be called for the election of Sarpanch of the Gram Panchayat, after filling up 5th post of Panch, the election for which is going to be held on 26.11.2008. The State counsel has also no objection in this regard. In view of the said consensus arrived at and the aforesaid factual position, the proceedings dated 19.7.2008 are quashed and the Deputy Commissioner, Gurdaspur is directed to authorise an officer or official of the State Government, to convene the meeting of the members of Gram Panchayat, after filling up of the 5th post of Panch, to elect the Sarpanch of the Gram Panchayat, without any prejudice. Disposed of accordingly. (SATISH KUMAR MITTAL) JUDGE November 20, 2008 ( JASWANT SINGH ) vkg JUDGE