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(2006) 6 Supreme Court Cases 344
(BEFORE K.G. BALAKRISHNAN AND D.K. JAIN, JJ.)
TARSEM SINGH - Appellant
Versus
FINANCIAL COMMISSIONER, APPEALS AND OTHERS - Respondents
Civil Appeal No. 2965 of 2006,
Decided on July 14,2006
Appointment - Lambardar - The court set aside the appointment of the lambardar of Village Taggar Kalan and directed the Collector to invite fresh applications and conduct a fresh election.
Fact of the Case:
The matter related to the appointment of a lambardar of Village Taggar Kalan in Tahsil Mukerian, District Hoshiarpur (Punjab). The appellant's appointment was set aside due to his involvement in a criminal case, and another individual was appointed by the Collector.
Finding of the Court:
The court set aside the appointment of the lambardar and directed the Collector to invite fresh applications and conduct a fresh election, giving opportunity to all the aggrieved parties.
Issues: The main issue was the validity of the appointment of the lambardar in the village, considering the criminal case involvement of the appellant and the subsequent appointment of another individual.
Ratio Decidendi: The court considered the circumstances, including the criminal case involvement of the appointed individual, and decided to set aside the appointment and order a fresh election.
Final Decision: The appeal was accordingly disposed of, with no costs imposed.
ORDER
1. Heard both sides.
2. Leave granted.
3. The matter relates to the appointment of a lambardar of Village Taggar Kalan in Tahsil Mukerian, District Hoshiarpur (Punjab). By the impugned order, the appointment of the appellant herein was set aside. As he had been involved in a criminal case, one Ashwani Kumar was appointed by the Collector pursuant to the orders of the Division Bench. We are told that there is a criminal case pending against this Ashwani Kumar also, though counsel denied that fact. Learned counsel further pointed out that it was a minor case as he had acted as an acting Sarpanch in the village and the act concerned was committed by him in the course of his official work as an acting Sarpanch. In view of these circumstances, we set aside the appointment of the lambardar in this village and direct the Collector to invite fresh applications and conduct fresh election in accordance with law at the earliest, giving opportunity to all the aggrieved parties.
4. The appeal is accordingly disposed of. No costs.
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