The appointment of an Administrator can be justified based on the non-cooperation of Panches and the failure of the Gram Panchayat to perform its duty.

JUDGMENT

Sudhir Mittal, J. (Oral) - The petitioner is the Sarpanch of village Saidoke, Tehsil Nihal Singh Wala, District Moga. The Panchayat of the said village comprises 01 Sarpanch and 11 Panches. Out of 11 Panches, a total of 06 Panches were earlier supporting the Sarpanch and 05 Panches were in opposition. After the recent change of Government in the State of Punjab, one of the Panches aligned with the Sarpanch, namely, Smt. Sukhpreet Kaur shifted allegiance in favour of the opposing 05 Panches and thus, a total of 06 Panches comprised the opposing camp. They were allegedly not permitting the Gram Panchayat to function as they were not attending the meetings regularly. Even, in the meetings attended by them, they opposed the resolution proposed to be passed. Thus, the petitioner submitted a complaint dated 04.05.2022 (Annexure P-4) before the Director, Rural Development & Panchayat Department for taking appropriate action against the 06 Panches in the opposing camp, but nothing was done. Instead, vide order dated 12.05.2022, an Administrator was appointed and thus, the present writ petition has been filed.

2. Learned counsel for the petitioner has argued that Section 200 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the Act) has been violated. Sub-section 1 of Section 200 of the Act stipulates that a period must be fixed for the performance of a duty by the Gram Panchayat and if, the duty is not performed within the period so fixed, an Administrator may be appointed for performing duty. No such period was fixed nor opportunity was granted to perform the duty. It has further been submitted that an Administrator can only be appointed, if, the Sarpanch has incurred any disqualification. This is not even the case of the State. The six Panches in the opposing camp are not cooperating with the Sarpanch and are hindering the functioning of the Gram Panchayat and thus, suitable action should have been taken against them based upon the complaint dated 04.05.2022 rather than appointing an Administrator. Thus, the order dated 12.05.2022 appointing an Administrator deserves to be quashed. Reliance has been placed upon order dated 26.11.2015 passed by a Division Bench of this Court in LPA-366-2015 titled as Parkash Kaur Vs. State of Punjab and others, a Division Bench judgment in Hakim Singh Sarpanch Vs. State of Punjab, 1994 (2) PLR 141, Jaspal Singh Panch and others Vs. State of Punjab and others, 2009 (4) RCR (Civil) 777 and order dated 27.06.2011 passed in CWP-11160-2011 titled as Bhurpur Singh Vs. State of Punjab and others.

3. Chapter VIII of the Act is regarding control and supervision of a Gram Panchayat. Section 200 is part of this chapter and provides consequences of default of duties by Panchayats. Where, a Panchayat default in performance of its duties, an Administrator can be appointed by the District Development & Panchayat Officer for performing the duty. Before an Administrator is appointed, the Gram Panchayat is required to be notified in writing of a period within which a duty is to be performed and if, it fails to do so, the Administrator can be appointed. Section 200 of the Act is reproduced below for ready reference :-

'200. Default of duties by the Panchayats. (1) Where a Panchayat makes a default in the performance of any duty other than a judicial function imposed upon it by or under this Act or under any other law for the time being in force,

(1) in the case of a Gram Panchayat, District Development and Panchayat Officer; and

(ii) in the case of a Panchayat Samiti or a Zila Parishad, the Director;

may by an order in writing fix the period, for the performance of the duty and if it is not performed within the period so fixed, he may appoint any other person to perform the duty and direct that the expenses arising from, and incidental to, its performance shall be paid by the Gram Panchayat.

(2) If, in the opinion of the Director a Panchayat has failed or is otherwise incompetent to administer its pro