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IN THE HIGH COURT OF PUNJAB AND HARYANA
Rameshwar Singh Malik, J.
Devinder Kumar Sarpanch – Appellant
Vs.
State of Punjab – Respondent
CWP No. 11688 of 2015, CM-8534-2015
Decided On : 21-12-2016
Ejectment - Panchayat Land - Punjab Panchayati Raj Act, 1994, Section 7, Section 208(K), Section 2(ZR)
Fact of the Case:
The petitioner, a Sarpanch, was found to be in illegal possession of panchayat land. He was removed from the post of Sarpanch based on the findings of a regular enquiry and subsequent orders.
Finding of the Court:
The court found that the petitioner's removal from the post of Sarpanch was justified based on the findings of the regular enquiry and the subsequent orders. The court held that the petitioner's technical objections and subsequent demarcation report were not valid reasons to challenge the ejectment orders that had attained finality.
Issues: The issues involved the petitioner's illegal possession of panchayat land, his removal from the post of Sarpanch, and the validity of the subsequent demarcation report.
Ratio Decidendi: The court emphasized that technical objections and subsequent demarcation reports could not invalidate the ejectment orders that had attained finality. The court also noted that the petitioner's conduct amounted to serious misconduct, justifying his removal from the post of Sarpanch.
Final Decision: The court dismissed the writ petition and upheld the petitioner's removal from the post of Sarpanch, directing the Deputy Commissioner to make alternative arrangements for the functioning of the Gram Panchayat.
Rameshwar Singh Malik, J.
Present writ petition is directed against the order dated 1.4.2015 (Annexure P-8) passed by the Special Secretary, Department of Rural Development and Panchayat, Punjab-respondent No.1, whereby appeal of the petitioner was dismissed and his removal order dated 18.2.2015 (Annexure P-6) passed by the Director, Rural Development and Panchayat Department, Punjab, was upheld.
2. Notice of motion was issued and in compliance thereof, reply by way of affidavit was filed on behalf of respondents No.1 to 5. Petitioner filed his replication.
3. Heard learned counsel for the parties.
4. It is a matter of record that an ejectment application was filed against the petitioner, seeking his ejectment from panchayat land. He appeared before the learned Collector, Gurdaspur. After hearing learned counsel for the parties and going through the material brought on record, learned Collector vide his order dated 10.12.2008, ordered the ejectment of the petitioner from the panchayat land. Petitioner filed his appeal, which was dismissed by the appellate authority vide its order dated 2.12.2011. Against the above-said ejectment and appellate orders, petitioner approached this Court by way of CWP No.19634 of 2013 (Devender Kumar and others v. The Director, Rural Development and Panchayat, Punjab and others), which was also dismissed by a Division Bench of this Court vide its order dated 5.9.2013.
5. Operative part of the order dated 5.9.2013 passed by the Division Bench of this Court, reads as under:-
"In this writ petition, it is primary contention of counsel for the petitioners that as per provisions of the Act, application under Section 7 of the Act cannot be filed by any private individual. Be that as it may, in view of circumstances of this case, this plea cannot be taken in favour of the petitioners. Petitioner No.3 was Sarpanch of the village at relevant time. Petitioner No.1 is her husband, whereas petitioner No.2 is her brother-in-law. It is case of the respondents/complainants that they made many requests to the Gram Panchayat to initiate ejectment proceedings against the petitioners and when it failed to do so, they brought to the notice of the competent authority factum of illegal possession over the land in dispute by moving an application. Gram Panchayat is a legal body. It has to act through its Sarpanch and Panches. When Sarpanch herself had occupied land of the Gram Panchayat illegally, then it was open to the complainants to bring that fact to the notice of the higher authorities. It was so done in this case. Under the circumstances, this technical objection cannot be entertained in favour of the petitioners. There is no document on record to show that land does not belong to the Gram Panchayat. To support their claim to retain land, no evidence has been brought on record by the petitioners.
Dismissed."
6. Against the above-said order passed by the Division Bench of this Court, petitioner approached the Hon'ble Supreme Court by filing SLP No.5419 of 2014, however, he withdrew the same on 26.5.2015. The above-said ejectment order attained finality against the petitioner. That is how serious misconduct of the petitioner stood established on record.
7. A regular enquiry was conducted against the petitioner, he being the Sarpanch, by the Division Deputy Director, Jalandhar, who submitted his enquiry report vide letter No.1432 dated 14.8.2014. Allegation levelled against the petitioner came to be proved in the regular enquiry also, to the effect that he was in illegal possession of the panchayat land. On the basis of regular enquiry, a show-cause notice was issued to the petitioner vide communication dated 30.9.2014. Petitioner submitted his reply to the show-cause notice. Thereafter, petitioner was granted an opportunity of being heard by the Director, Rural Development and Panchayat Department, Punjab, before passing the impugned order dated 18.2.2015 (Annexure P-6), removing the petitioner from the post of Sar
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