IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 11544 of 2009
Date of Decision: 4.8.2009.
Devinder Singh --Petitioner
Versus
State of Punjab and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. J.S. Thind, Advocate for the petitioner.
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PERMOD KOHLI.J (ORAL)
Notice of motion.
Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept
notice on behalf of the respondent-State.
The petitioner is the elected Sarpanch of Gram Panchayat
Bhullar, Block Chugawan, Tehsil Ajnala, District Amritsar. He is aggrieved
of the order dated 20.7.2009 (Annexure P-5) passed by the BDPO, Amritsar,
whereby one Rajinder Parshad, VDO has been appointed as Administrator
for spending an amount of Rs. 1 lac for cremation ground, Rs. 2 lacs for
streets and drains and Rs. 3 lacs for getting two bores made in the Shamlat
land. The Administrator has been appointed primarily on the ground that
the Gram Panchayat has failed to spend the amount. As per the report of the
the BDPO the Sarpanch is not undertaking the developmental works. It is
stated on behalf of the petitioner that the impugned order has been passed
without even affording any opportunity of being heard to the petitioner or
Panchayat, which is a duly elected body and has right to carry out the
developmental works in accordance with Section 30 (ii) of the Punjab
Panchayati Raj Act, 1994.
CWP. No. 11544 of 2009 -2-
From the impugned order it appears that no opportunity of
hearing was granted to the petitioner before passing the impugned order and
the appointment of Administrator admittedly takes away the right of the
elected body to carry out its legitimate functions.
In view of the above, this petition is allowed. The impugned
order dated 20.7.2009 is hereby set aside. However, respondent no.4 is at
liberty to pass a fresh order after affording an opportunity of hearing to the
petitioner/Panchayat. The petitioner shall have the right of personal hearing
as well.
(PERMOD KOHLI)
JUDGE
4.8.2009
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