Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1196

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Gram Panchayat village Razada - Petitioner - Appellant
Versus
State of Punjab and others - Respondents - Respondent
CWP-14285 of 2023
Decided On : 10-07-2023

Advocates appeared:
Mr. Balbir Singh Jaswal, Advocate, for the petitioner.

The court's decision emphasized the importance of addressing the petitioner's legal notice and ensuring compliance with the law in the functioning of the Panchayat.

Headnote:
Panchayat Secretary - Petition for Handover of Charge - The court directed respondent No.2 to decide the legal notice issued by the petitioner within two weeks in accordance with the law.
Fact of the Case:

The petitioner sought a direction for the handover of the charge of Panchayat Secretary to another official to facilitate village development work.
Finding of the Court:

The court disposed of the petition with a direction to respondent No.2 to decide the legal notice issued by the petitioner within two weeks in accordance with the law.
Issues: Incomplete quorum of the Panchayat due to the Panchayat Secretary's refusal to write down the resolution and withholding of the entire record.
Ratio Decidendi: The court's decision was influenced by the petitioner's legal notice and the need to ensure the functioning of the Panchayat in accordance with the law.
Final Decision: The court directed respondent No.2 to decide the legal notice issued by the petitioner within two weeks in accordance with the law.

RAJESH BHARDWAJ, J.

1. Petitioner has approached this Court praying for issuance of direction to the respondents to handover the charge of Panchayat Secretary respondent No.5 to some other official, so that development work of the village can be carried out.

2. Learned counsel for the petitioner has submitted that the quorum of the Panchayat is incomplete as the Panchayat Secretary is not coming forward for writing down the resolution and the entire record is with him only. He has submitted that the petitioner has already sent a legal notice dated 03.05.2023 (Annexure P-4) to respondent No.2, however, no action has been taken so far on the same.

3. Notice of motion.

4. Mr. Arun William, Assistant Advocate General, Punjab, accepts notice on behalf of the State.

5. After hearing learned counsel for the parties, the present petition is disposed of with a direction to respondent No.2 to decide the legal notice dated 03.05.2023 (Annexure P-4) issued by the petitioner in accordance with law within a period of two weeks from today

Order accordingly.

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