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2013 Supreme(P&H) 1433

RAKESH KUMAR JAIN
Malkiat Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. V.K. Sandhir, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- The petitioner has challenged validity of the order dated 28.11.2013 by which respondent no.3 has appointed respondent no.5 as the Administrator of the Gram Panchayat of village Gaggar Sarai, allegedly in violation of the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (here-in-after referred to as the “Act”).

2. In brief, the petitioner is the elected Sarpanch of the Gram Panchayat Gaggar Sarai. Respondent no.3 served a notice upon the petitioner and other Panchayat members under Section 200 of the Act in which it was averred that the Block Development and Panchayat Officer, Ghanaur, vide his letter dated 08.11.2013, has written that due to party faction in the Gram Panchayat, the quorum is not complete in the meetings because of which the development works have come to a standstill. Sh. Jaswant Singh, Sh. Nachhattar Singh, Sh. Sewa Singh, Smt. Geeta Rani and Smt. Rajwinder Kaur, members of the Panchayat, have given in writing to respondent no.3 that for completing certain works, they required a government employee as the Manager. In view thereof, a notice was issued to start the work within 15 days and if the Sarpanch or the P


















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