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2006 Supreme(SC) 614

K.G.BALAKRISHNAN, D.K.JAIN
TARSEM SINGH – Appellant
Versus
FINANCIAL COMMISSIONER, APPEALS – Respondent


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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