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2011 Supreme(P&H) 1755

ALOK SINGH
Jeet Singh Panch – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Raj Kumar Garg, Advocate, for the petitioner.

JUDGMENT

ALOK SINGH, J.


1. Very interesting question of law arises in the present writ petition i.e. as to whether authorized Panch can spend Gram Panchayat fund for the development works in the village during the period Sarpanch remains under suspension?

2. To understand the controversy brief facts are required to be narrated, which inter alia are that elected Sarpanch was placed under suspension vide order dated 17.5.2011under Section 20(4) of the Punjab Panchayati Raj Act (hereinafter called 'the Act'). Thereafter, Gurmail Singh, respondent No.4, was elected as authorized Panch in a meeting duly called and held in view of Section 20(5) of the Act and entire charge was handed over to him by the Sarpanch, who was placed under suspension.

3. Mr. Raj Kumar Garg, learned counsel appearing for the petitioner, has vehemently argued that if Sarpanch is placed under suspension, authorized Panch can hold the entire record of the Panchayat and shall be custodian of the Panchayat fund in view of Section 87 of the Act, however, authorized Panch has no jurisdiction to act as Sarpanch or to spend the Panchayat fund for the development works in the village. Mr. Garg has vehemently argued that Se






















































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