High Court Punjab-Haryana High Court

Devinder Singh vs State Of Punjab And Others on 4 August, 2009

Punjab-Haryana High Court
Devinder Singh vs State Of Punjab And Others on 4 August, 2009
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.

            ***

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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