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(2022) Law Today Live Doc. Id. 17353 = 2022(2) L.A.R. 597
Decided on: 26.08.2022
Present:
Mr. Baltej Singh Sidhu, Senior Advocate with Mr. Tarun Jhatta, Advocate with Mr. Gurjeet Singh, Advocate, for the petitioner.
Punjab Panchayati Raj Act, 1994 (9 of 1994), Section 200(1) – Panchayat matter -- Appointment of Administrator – Challenge to -- Within the time prescribed, the Gram Panchayat was unable to pass a resolution for carrying out the development works -- One of the Panches defected to the other side and because of this quorum was incomplete -- No resolution could have been passed for executing the development works – DDPO was justified in passing an order of appointment of Administrator – Writ dismissed
(Para 3, 4)
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SUDHIR MITTAL, J. (ORAL) –
1. Vide order dated 16.08.2022 (Annexure P-5), the District Development and Panchayat Officer, Sri Muktsar Sahib, has appointed an Administrator for carrying out certain works listed in the order. Appointment is for a period of one month starting 16.08.2022. The appointment has been made as the Gram Panchayat could not commence development works within the time fixed in the notice issued to it.
2. Learned Senior counsel for the petitioners has submitted that notice was issued on 02.08.2022 and time was granted till 08.08.2022. This was further extended till 16.08.2022. A meeting was held on 10.08.2022 in which five Panches including the Sarpanch were present and, thus, quorum was complete. Subsequently, one of the Panches defected to the other side and no resolution could be passed within the time prescribed. Thus, instead of appointing an Administrator, action should have been taken against the erring Panch.
3. The fact remains that within the time prescribed, the Gram Panchayat was unable to pass a resolution for carrying out the development works listed in the impugned order. Thus, the District Development and Panchayat Officer, was justified in passing an order of appointment of Administrator. Admittedly, one of the Panches defected to the other side and because of this quorum was incomplete. No resolution could have been passed for executing the development works. Resolution of 10.08.2022 by itself would make no difference as admittedly, one of the Panches present in the said meeting defected to the other side.
4. The question of taking action against the Panch for not attending the meeting of the Gram Panchayat is a district issue and is not being taken up for consideration while deciding this writ petition as the appointment of Administrator only is under challenge.
5. In view of the above, the writ petition has no merit and is dismissed accordingly.
Petition dismissed.
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