Civil Writ Petition No. 17933 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 17933 of 2010 Date of Decision: 29.10.2010 Famma (Mrs.) …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ramesh Sharma, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for respondents No.1 to 4. Mr. V.K. Sandhir, Advocate for respondents No.5 to 9. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed for issuance of a Writ in the nature of Certiorari for quashing of the resolution dated 7.7.2010 (Annexure P3), passed by the members of Panchayat i.e. respondents No.5 to 8, whereby they have authorized respondent No.5-Gurnam Singh, Panch, to carry on all the development and other works in the village. In the other words, the powers, which originally vest in the Sarpanch, vide resolution dated 19.7.2008 (Annexure P1), have been entrusted to respondent No.5-Gurnam Singh, Panch. The case, as set out by the petitioner, is that she was elected as a Sarpanch of Gram Panchayat, Village Thamuwal, Tehsil Shahkot, Civil Writ Petition No. 17933 of 2010 2 District Jalandhar, as the post of Sarpanch was reserved for the Scheduled Caste (Woman). It is further averred that the petitioner is a strong supporter of the political party which is in opposition, whereas respondents No.5 to 8 owe their allegiance to the ruling party. Therefore, vide resolution (Annexure P3), the petitioner, even though is an elected Sarpanch, has been denied to discharge her functions as such and the same have been entrusted to respondent No.5-Gurnam Singh. It is further averred that resolution (Annexure P3) is not in consonance with the provisions of law and the constitutional scheme, thus, same is liable to be quashed. Petitioner is a dalit lady Sarpanch. She was elected as such because the post of Sarpanch for Gram Panchayat of Village Thamuwal, Tehsil Shahkot, District Jalandhar was reserved for a lady candidate belonging to the Scheduled Castes category. Though the petitioner, according to Mr.V.K. Sandhir, Advocate, is still continuing as a Sarpanch, vide resolution (Annexure P3) dated 7th July, 2010, Gurnam Singh has been elected as an authorized Panch to look after and manage the affairs of the Gram Panchayat. Under which provisions of law this arrangement has been brought into existence, counsel for the respondents are unable to justify. The petitioner, being a Sarpanch, ought to be allowed to carry on the functions as a Sarpanch without any hindrance, impediment or obstacle from any corner. Even if the petitioner is a Sarpanch, all of her powers have been usurped by Gurnam Singh vide resolution (Annexure P3). The procedure adopted by the Gram Panchayat is totally alien to the provisions of law. Civil Writ Petition No. 17933 of 2010 3 Thus, the present writ petition is allowed and the resolution (Annexure P3) is hereby quashed. The Panchayat Secretary shall hand over the proceedings/cheque book(s) and all other documents to the petitioner, so that she is able to discharge her duties as a Sarpanch. (Kanwaljit Singh Ahluwalia) Judge October 29, 2010 “RPS/DK”