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2012 Supreme(P&H) 1623

SATISH KUMAR MITTAL, INDERJIT SINGH
Vaid Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant:Mr. Manish Kumar Singla, Advocate.

JUDGMENT

Mr. Satish Kumar Mittal, J.:- This Letters Patent Appeal has been directed against the order dated 27.11.2012 passed by the learned Single Judge, whereby Civil Writ Petition No. 12198 of 2011 filed by Janak Singh Sarpanch (respondent No.6 herein) was allowed and the resolution of passing of ‘no confidence motion’ against him was set aside.

2. Undisputedly, in the present case, Gram Panchayat of village Mehlan, Block Sunam, District Sangrur, consists of 11 members. Respondent No.6 was elected its Sarpanch on 13.9.2008. Some of the members of the Gram Panchayat were not satisfied with the working of the Sarpanch. On 24.6.2010, 7 members of the Panchayat made an application to the Block Development and Panchayat Officer, Sunam, intending to move a motion of no-confidence against the Sarpanch. Since the proviso to subsection (1) of Section 19 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as ‘the Act’) (as it existed at that time) provided that ‘no such application shall be made unless a period of two years has elapsed from the date on which the Sarpanch assumed his office’, the Block Development and Panchayat Officer did not entertain that application and adv









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