IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18659-2025 (O/M)

Date of decision : 09.07.2025 Ajit ...... Petitioner Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Nitin Bhanwala, Advocate for the petitioner.

Mr. Rajneesh Chadwal, AAG Haryana.

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HARSH BUNGER, J. (ORAL)

1. Prayer in this writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dated 24.06.2025 (Annexure P-2), whereby the petitioner was removed as Acting Sarpanch of Gram Panchayat Karsaula, Block Julana, District Jind.

2. Briefly, previous Sarpanch of village Karsaula, namely, Shri Mahender Singh, was suspended under Section 51 of Haryana Panchayati Raj Act, 1994 (in short '1994 Act') by Deputy Commissioner, Jind. It is stated that a proposal to elect petitioner as the Acting Sarpanch of village Karsaula was passed in a meeting held on 10.12.2024 (Annexure P-1) and thereafter petitioner started functioning as the Acting Sarpanch since

11.12.2024.

2.1 It transpires that the Block Development and Panchayat Officer, Julana, vide letter dated 24.06.2025 (Annexure P-2) informed the petitioner as regards holding of a meeting regarding handing over the charge of Acting Sarpanch of Gram Panchayat Karsaula to any other Panch. The said meeting was stated to be scheduled for 30.06.2025.

3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for the relief (s), as noticed hereinabove.

4. The sole argument raised by learned counsel for the petitioner is that the petitioner is duly elected as Acting Sarpanch and he cannot be removed without following the process/procedure envisaged under Section

10 of the 1994 Act, which reads as under:-

“[10. Term of office.- (1) The term of office of Sarpanch shall be five years unless removed otherwise.

(2) A Sarpanch may be removed from his office by an order of such authority, as may be prescribed consequent to a resolution passed, by not less than two-third voters of the members of the Gram Sabha present and voting cast through a secret ballot, on a date and time duration specified by such authority:

Provided that no such ballot shall be held unless a requisition in this behalf is made to the prescribed authority by not less than one-half of the total members of the Gram Sabha.

(3) On the requisition made under sub-section (2), the authority as specified in sub-section (2) shall after inquiring into the genuineness thereof, notify the date and time duration for the purpose of the secret ballot of the Gram Sabha within a period of thirty days from the date of receipt of the requisition:

Provided that no such process shall be initiated within a period of one year from the date of election of the Sarpanch and any subsequent resolution for removal shall not be maintainable within the interval of one year of the last ballot of the Gram Sabha to consider a resolution for removal of the Sarpanch.]”

5. Heard.

6. Here it would be apposite to refer to Section 51(2) and Section 51(6) of the 1994 Act, which read as under:-

51. Suspension and removal of a Sarpanch, [-] or Panch. - (1) The Director or the Deputy Commissioner concerned may, suspend any Sarpanch, [-] or Panch, as the case may be,-

(a) xxx xxx (b) xxx xxx (2) Any Sarpanch or Panch, as the case may be, suspended under sub-section (1), shall not take part in any act or proceeding of the Gram Panchayat during the period of his suspension and shall hand over the records, money or any other property of the Gram Panchayat in his possession or under his control -

(i) if he is a Sarpanch to a Panch commanding majority in the Gram Panchayat;

(ii) if he is Panch to Sarpanch;

Provided that the suspension period of a Panch, or a Sarpanch, as the case may be, shall not exceed one year from the date of handing over the charge in pursuance of the suspension order except in criminal case