Civil Writ Petition No.18784 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18784 of 2010 Date of decision: November 9, 2010. Darshan Singh & Ors. ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri R.K. Joshi, Advocate, for the petitioner(s). Ms. Sudeepti Sharma, Deputy Advocate General, Punjab for respondents No.1 to 3. Shri Sukhjinder Singh, Advocate, for respondent No.4. Kanwaljit Singh Ahluwalia , J. (Oral): Present writ petition has been filed by the three members of the Panchayat of Gram Sabha Patti Chhaurian, Block Dasuya, Tehsil Dasuya, District Hoshiarpur. Their grievance is that No Confidence Motion proposed against No.4 is not put to vote by Block Development & Panchayat Officer (BDPO), Dasuya as he has acting in collusion with the Sarpanch – respondent No.4. Counsel for respondent No.4 has stated that till date, petitioners have not submitted No Confidence Motion in a proper form. It is stated that request, Annexure P-4, is addressed to BDPO, Dasuya for appointment of an Administrator and Annexure P-5 is nothing but a legal notice. It is submitted that it is necessary that the petitioners submit No Confidence Motion in a proper form to the BDPO and legal notice cannot be treated as a Civil Writ Petition No.18784 of 2010 -: 2 :- No Confidence Motion. Legal notice was replied by BDPO, Dasuya by stating that No Confidence Motion has been sent by three Members and only four Panches will constitute 2/3rd majority. The stand of the BDPO, Dasuya is contrary to the stand taken by the Director, Rural Development and Panchayats, Punjab in various writ petitions which are scheduled to be heard by this Court on 15th November, 2010. Be that as it may, for putting the No Confidence Motion, it is not necessary that the same should be signed by all the members, even three members can put the No Confidence Motion and thereafter BDPO can append his opinion, whether the No Confidence Motion has been carried or not. At this stage, Counsel for the respondent-State has submitted that in case No Confidence Motion in a proper form is submitted by the petitioners, within one week from today, the BDPO, Dasuya shall send clear seven days notice to the members of the Panchayat, excluding the day of notice and the day of motion, and thereafter No Confidence Motion shall be put to vote and the proceedings shall be truly reflected in the order to be passed by the BDPO, Dasuya. In view of the fair stand taken by the State, present petition is disposed of in the above terms. Copy of this order, attested under the signatures of the Bench Secretary, be furnished to the Counsel for the State for onward transmission and compliance. Copy of the order be given dasti on payment of usual charges. [Kanwaljit Singh Ahluwalia] November 9, 2010. Judge kadyan