Civil Writ Petition No.1233 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1233 of 2008 Date of Order: 29.01.2010 Harmesh Virdi ...Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Raj Kumar Garg, Advocate for the petitioner. Mr. S.S.Sahu, AAG, Punjab for the respondents no.1 to 3. Mr. Narender Lucky, Advocate for respondent no.5. RAJIVE BHALLA, J. The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 07.03.2006, 18.09.2006 and 04.05.2007, passed by the Collector, Nawanshahar, Commissioner, Jalandhar Division, Jalandhar and the Financial Commissioner, Cooperation, Punjab, Chandigarh, whereby his claim to the post of Lambardar has been rejected and Surinder Pal, respondent no.4 has been appointed as the Lambardar. Counsel for the petitioner submits that all other arguments apart, the petitioner's claim to the post of Lambardar has been rejected on the sole ground that as he is the elected Sarpanch of the village, he may not be able to devote sufficient time to his work as a Lambardar. It is submitted that Rule 15 of the Punjab Land Revenue Rules (hereinafter referred to as the Rules), does not place any bar upon a person holding an Civil Writ Petition No.1233 of 2008 -2- elected office from applying for the post of a Lambardar. The Collector's observation that the petitioner would not be able to devote sufficient time to the needs of the villagers as he is the elected Sarpanch, is arbitrary. Counsel for the contesting respondent no.4 is not present. I have, however, perused the contents of the reply filed by respondent no.4. I have heard counsel for the petitioner and perused the paper book. Rule 15 of the Punjab Land Revenue Rules, which prescribes qualifications for selection to the post of Lambardar, reads as follows:- 15. Matters to be considered in first appointments.- In all first appointments of headman, regard shall be had among other matters to- (a) his hereditary claims; (b) the property in the estate possessed by the candidate to secure the recovery of land revenue; (c) services rendered to the State by himself or by his family; (d) his personal influence, character, ability and freedom from indebtedness; (e) the strength and importance of community from which the selection of the headman is to be made (f) services rendered by himself or by his family in the national movements to secure freedom of India. The above rule does not enact a bar that would prevent a person holding an elected office from applying for the post of a Lambardar. Rule Civil Writ Petition No.1233 of 2008 -3- 17, which prescribes qualification for appointment to the successor of a lambardar also does not place any such bar. The observation by revenue authorities that the petitioner's duties as the elected Sarpanch would impede the effective discharge of duties as a lambardar is an attempt to surreptitiously read into Rules 15 and 17 a bar where there is none. In order to fortify this conclusion, it would be appropriate to reproduce a relevant extract from a Division Bench judgment of this Court reported as Pala Singh v.State of Haryana and others 2000(2) P.L.J.,215:- We have perused the impugned order and find that the ground on which the appointment of the petitioner has been set aside is wholly untenable. There is no disqualification under the Rules for a Sarpanch to be appointed as Lambardar. If at all, the post of Sarpanch could be an added qualification for him to be considered for the post of Lambardar. As a matter of fact the same Financial Commissioner is another case took the opposite view and held that a Lambardar who was also a Sarpanch was more suitable than the others for the post. We are, therefore, satisfied that the impugned order of the Financial Commissioner is not sustainable.” A perusal of the impugned orders discloses that the petitioner's candidature has been rejected by holding that the office of Sarpanch, would impede him in the discharge of his duties as a Lambardar. I find no factual basis for this conclusion and, therefore, am left with no option but to hold that the orders passed by the Collector, affirmed by the Commissioner and the Financial Commissioner are perverse, arbitrary and must, therefore, be set aside. Civil Writ Petition No.1233 of 2008 -4- In view of what has been stated hereinabove, the writ petition is allowed, the orders dated 07.03.2006, 18.09.2006 and 04.05.2007, passed by the Collector, Nawanshahar, Commissioner, Jalandhar Division, Jalandhar and the Financial Commissioner, Cooperation, Punjab, Chandigarh, are set aside and the matter is remitted to the Collector, to consider and decide the matter regarding the selection to the post of Lambardar of Village Paddi Matwali afresh and in accordance with law, within a period of three months from the date of receipt of a certified copy of this order. January 29, 2010 (RAJIVE BHALLA) nt JUDGE