JUDGMENT
Adarsh Kumar God, J.
1. This writ petition inter alia seeks quashing of order dated 12.9.2001, Annexure P-12, whereby the petitioner was suspended from the office of Sarpanch under Section 20(4) of the Punjab Panchayati Raj Act, 1994 (for short, the Act), as affirmed in appeal vide order dated 3.10.2001, Annexure P-17.
2. The contention of counsel for the petitioner is that the order is mala fide, illegal and un-warranted. Respondent No. 7, who is local M.L.A. was inimical to the petitioner. The petition was originally filed on 20.9.2001 and it was stated that the petitioner had already preferred an appeal, which was pending. Vide order dated 25,9.2001, this Court directed the appellate authority to hear the appeal and to take the decision. Accordingly, the appeal was decided on 3.10.2001. The appellate authority, while dismissing the appeal, directed that the enquiry against the petitioner be completed within two months. The petition was, thereafter, permitted to be amended to include challenge against the appellate order. Inspite of opportunity being given, no reply was filed.
3. During pendency of this writ petition, the petitioner filed a suit in the Court of Civil Judge (Junior Division), Gurdaspur on 23.10.2001 seeking a declaration that the enquiry against the petitioner was illegal and an ex-parte stay was granted on
24.10.2001.
4. Counsel for the State submitted that the enquiry going to be held against the petitioner and under the impugned appellate order, the enquiry had to be completed within two months, but the petitioner had approached the Civil Court, even though the present writ petition for the same relief was already pending and this fact has not been disclosed in the petition or otherwise.
5. Counsel for the petitioner submitted that the suit was for different relief and was filed after filing of the petition and the petitioner was willing to withdraw the suit.
6. After hearing counsel for the parties, I am of the view that the conduct of the petitioner does not entitle him to any hearing by this Court on merits. The subject matter of the suit filed by the petitioner is subsequently the same. Once the petitioner had invoked the jurisdiction of this Court, he could not have filed suit seeking the same relief. It is not clear from the record whether the petitioner had disclosed to the civil court that the present writ petition was already pending and interim relief, which was sought from the civil court, had not been granted by this court inspite of prayer of the petitioner. The civil court appears to have granted interim relief without knowing these facts.
7. In view of the above, this writ petition is dismissed with costs, quantified at Rs. 20,000/- to be paid to the Punjab Legal Aid Committee. Copies of this order be sent to the Civil Judge (Jr. Divn.), Gudaspur before whom suit titled Harbajan Singh v. State of Punjab is pending and to the Punjab Legal Aid Committee.