The term of a Gram Panchayat is strictly five years from its first meeting, and bye-elections do not extend this duration.

JUDGMENT :

Sureshwar Thakur, J.

1. In the instant petition, the petitioner seeks quashing of the impugned notification dated 27.2.2024 (Annexure P-8), and, the impugned order dated 28.2.2024 (Annexure P-2) passed by the respondents concerned, wherebys the Gram Panchayats, whose term of five years is completed, have been ordered to be dissolved from the date of their first meeting in terms of Article 243-E of the Constitution of India and Section 15 of the Punjab Panchayati Raj Act, 1994 (for short ‘the Act of 1994’), and, Administrators have been appointed for the Gram Panchayats. The petitioner has also sought the quashing of the impugned order dated 21.5.2024 (Annexure P-13) passed by the respondent concerned, wherebys the representation of the petitioner has not been considered.

2. The learned counsel for the petitioner submits, that the time of election for the post of Sarpanch of Gram Panchayat of village Bhamme Kalan, District Mansa, petitioner Jaswinder Kaur and her opponent namely Jasbir Kaur had submitted their nomination papers for the post of Sarpanch of the village concerned, however their nomination papers were rejected, and, the post of Sarpanch of village (supra) remained vacant. Subsequently, the petitioner approached the authorities concerned, to conduct the bye-elections, however, when the authorities concerned, failed to do so, thereby the petitioner approached this Court by way of CWP No. 35054 of 2019, which became disposed of by this Court on 4.12.2019, on the statement of the learned State counsel, that the bye-election for the post of Sarpanch of village Bhamme Kalan, District Mansa, would be conducted expeditiously along with the bye-elections to the Legislative Assembly. It is further submitted, that when the authorities concerned, even after the passing of the order (supra) failed to conduct the bye-elections for the post of Sarpanch of the village (supra), thereupon the petitioner filed COCP No. 399 of 2021, whereons, notice became issued to the respondents concerned. In the meantime, the authorities concerned, preferred a miscellaneous application bearing No. CM-1127-CWP-2022 seeking extension of time to conduct the bye-elections. Vide order dated 13.1.2023 (Annexure P-2), the said application became disposed of, but with a direction upon the respondents concerned, to conduct the bye-elections to the Gram Panchayat concerned, but within a period of two months. Since the respondents authorities again failed to conduct the bye-elections in the time bound manner (supra), therefore, this Court summoned the State Election Commissioner, Punjab, and imposed a cost of Rs. 50,000/-, upon him, for his deliberately and willfully disobeying the order (supra).

3. The learned counsel further submits, that subsequently, the bye-election for the post of Sarpanch of Gram Panchayat Bhamme Kalan was held on 24.12.2023, and, the petitioner was elected as Sarpanch of the said Gram Panchayat, and, the first meeting of the Gram Panchayat, village Bhamme Kalan was held on 5.1.2024.

4. Be that as it may, during the pendency of the contempt petition (supra), thus on 26.5.2022, respondent No. 6 called the meeting of the elected members of the Gram Panchayat, village Bhamme Kalan, and, in the said meeting of the members of the Gram Panchayat, one Gurmeet Kaur was elected as the authorized Panch of the Gram Panchayat concerned. The learned counsel further submits, that vide the impugned order, the respondent concerned, has dissolved the gram Panchyats, who have completed the tenure of 5 years from the date of its first meeting and administrators became appointed vide Annexure P-9. Being aggrieved therefrom, the petitioner preferred CWP no. 6554-2024 before this Court. However, on 21.3.2024, the said petition was disposed but with a direction upon the petitioner to make a fresh representation, whereafter the respondent concerned became directed to decide the said representation within two weeks from the date of makings of such a rep