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2021 Supreme(P&H) 816

ANIL KSHETARPAL
Somesh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Vikram Singh , Advocate, for the petitioners; Mr. Samarth Sagar, Addl. A.G., Haryana

JUDGMENT

Anil Kshetarpal, J. (Oral) - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. The following question needs adjudication:-

"Once the term of elected office bearers/Sarpanches of the Gram Panchayat has come to an end, can a writ be issued to facilitate their continuance in the offices only because a new body of elected representative has not yet been elected?

3. The petitioners are elected Sarpanches of various Gram Panchayats in the State of Haryana. They have filed this writ petition with the following substantive relief:-

"i) Issue a writ in the nature of Certiorari for setting aside the order dated 12.02.2021 (Annexure P-1) passed by respondent No.l vide which Administrators have been directed to take the charge from the petitioners of the post of Sarpanch "

4. It is not in dispute that the Sarpanches/Panches of the Gram Panchayats are elected for a period of 5 years as per Section 3 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as "the 1994 Act").Section 3 of the 1994 Act is extracted as under:-

"3. (1) Every Gram Panchayat, Panchayat Samiti and Zila Parishad unless sooner dissloved under any

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