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1991 Supreme(P&H) 971

R.S.MONGIA
Baj Singh – Appellant
Versus
State Of Punjab Through The Joint Secretary-cum-director, Rural Development And Panchayats Department, Government Of Punjab – Respondent


Judgment

R.S.Mongia, J.

1. In the Panchayat elections held in 1974, petitioner Baj Singh was elected as Sarpanch of Gram Panchayat, Chottian Kalan, Tehsil Moga, District Faridkot. Prior to the election of the petitioner as the Sarpanch, there were satna other persons who were elected as the Sarpanches.

2. A complaint was made against the petitioner that he had illegally grabed the land of the Gram Panchayat by getting sale deeds in favour of his close relatives. Even the mutations had been sanctioned in favour of the purchasers. This was reported by the District Development & Panchayats Officer, Faridkot on 3rd September, 1987. On these allegations it was alleged that the petitioner had misused his office as Sarpanch. A regular enquiry against the petitioner was ordered under Section 102(1) of the Punjab Gram Panchayats Act, 1952 (hereinafter referred to as the Act). A regular enquiry was conducted by the Naib Tahsildar. According! to the Naib Tahsildar, the following charges stood proved against the petitioner :

"That Baj Singh, Sarpanch and some other members (Now Ex. members) in connivance with the employees of Revenue Department have distributed the land in his and other co-vill













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