Manphool Singh, Sarpanch vs State Of Punjab And Others
2023 Latest Caselaw 19186 P&H

                                                       Neutral Citation No:=2023:PHHC:140777




                                                              2023:PHHC:140777
125          IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH
                                     CWP-24823-2023
                                     Date of Decision: 06.11.2023
Manphool Singh                              ..... Petitioner
                             Versus
State of Punjab and others                 .......Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:     Mr. Dhirinder Kamal Saldi, Advocate, for the petitioner.

Rajesh Bhardwaj, J. (ORAL)

Prayer in the present petition is for quashing the order dated

09.02.2023 (Annexure P-11) passed by respondent No.1, whereby, the

application for staying the order dated 23.01.2023 passed by respondent No.2

was dismissed and order dated 23.01.2023 (Annexure P-10) passed by

respondent No.2.

It has been contended by learned counsel for the petitioner that the

petitioner is the elected Sarpanch of the village and he was illegally suspended

from the post vide order dated 23.01.2023. He submits that against the

suspension order, the petitioner filed an appeal and the same is pending

consideration before respondent No.1. He submits that as the appeal is not being

heard, the petitioner approached this Court by way of filing CWP-12243-2023,

which was disposed of by this Court vide order dated 31.05.2023 with a

direction that the appeal filed by the petitioner be decided within three weeks

from 01.06.2023. He submits that despite the order passed, the appeal has not

been decided and the stay application filed by the petitioner is already declined

by way of the impugned order dated 09.02.2023. He submits that the petitioner

having no other alternative option, filed contempt petition, which is pending for

12.02.2024. He submits that there is no actual date given in the appeal and the

term of the petitioner who is an elected Sarpanch, is going to expire on

31.12.2023. It is submitted that the appeal is a substantial right granted by the

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Neutral Citation No:=2023:PHHC:140777

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legislature but the same is being defeated. He has placed reliance upon the

judgment of Hon'ble Division Bench of this Court in Inderjit Singh vs. State of

Punjab, 2013(3) RCR (Civil) 287 and submits that long suspension of an elected

representative is neither in the interest of Panchayati Raj democracy nor

justified in the facts and circumstances of the case. He further submits that in

the facts and circumstances of the case, declining of stay application by virtue

of the impugned order, deserves to be set aside when there are no chances of

appeal being heard by respondent No.1.

Notice of motion.

Ms. Akshita Chauhan, Deputy Advocate General, Punjab, accepts

notice on behalf of the respondent-State. She has submitted that respondent

No.1 has been assigned the charge for hearing the appeal, however, there is no

actual date given in the appeal for hearing.

After hearing learned counsel for the parties and perusing the

record, it is apparent that the petitioner was suspended vide order dated

23.01.2023. The appeal filed by him admittedly is pending adjudication before

the Appellate Court. Further there is no denial to the fact that the term of the

petitioner is going to expire on 31.12.2023. In view of the same, the impugned

order dated 09.02.2023 is set aside and order dated 23.01.2023, suspending the

petitioner from the post of Sarpanch, would remain stayed till the decision of

the appeal by the competent authority.

Petition stands disposed of accordingly.

                                                 (RAJESH BHARDWAJ)
06.11.2023                                             JUDGE
sharmila           Whether Speaking/Reasoned :        Yes/No
                   Whether Reportable        :        Yes/No
                                                       Neutral Citation No:=2023:PHHC:140777

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