IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CWP-30166-2025 (O&M)

Date of Decision: 09.10.2025 Sudesh Devi ….Petitioner Versus State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Vivek Thakur, Advocate for the petitioner.

Mr. Pankaj Mulwani, Senior DAG, Haryana.

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HARSH BUNGER, J. (ORAL)

This petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 21.06.2024 (Annexure P-18) passed by learned Deputy Commissioner, Hisar, whereby the petitioner was suspended from the post of Sarpanch of Village Jamawari, District Hisar.

1.1 A further prayer has been made for setting aside order dated 17.09.2025 (Annexure P-21) passed by learned Commissioner, Hisar Division, Hisar, whereby an appeal preferred by the petitioner against her suspension order has been dismissed.

2. Briefly, the petitioner was elected as the Sarpanch of Village Jamawari. On 15.06.2023 (Annexure P-1), the Gram Panchayat passed a resolution to the effect that there were certain complaints regarding illegal constructions of ramps in the lanes of the village by approximately 20-25 villagers and therefore the said ramps were to be demolished.

2.1 It transpires that the Gram Panchayat passed resolutions on 01.07.2023 (Annexure P-4) followed by another resolution dated 05.07.2023 (Annexure P-7) resolving to remove encroachments.

2.2 On 10.07.2023, another resolution (Annexure P-8) was passed by Gram Panchayat stating that the encroachments have not been removed therefore, the encroachment removal action would be carried out on 11^th and

12^th July, 2023.

2.3 It appears that the proceedings concerning removal of encroachments was carried out.

2.4 On 02.09.2023 (Annexure P-9) a complaint was submitted by one Sh. Kuldeep Kumar and Sh. Suresh seeking legal action against the present petitioner and other persons on the plea that on 11^th and 12^th July, 2023, the said persons in collusion with each other unlawfully entered upon their private property and demolished their platforms, ramps etc. constructed in front of their houses and thereby caused damages worth lacs of rupees. Subsequently, another complaint dated 05.10.2023 (Annexure P-12) was also moved to the government authorities.

2.5 It transpires that the aforesaid complaints submitted by Sh. Kuldeep Kumar/ Sh. Suresh were got enquired into by Sub Divisional Officer (Civil), Hansi, who submitted his report dated 16.08.2024 (Annexure P-17) wherein it was concluded that the Sarpanch of Gram Panchayat Jamawari had demolished private property without proper investigation or site measurements.

2.6 Upon consideration of the matter, the Deputy Commissioner, Hisar vide order dated 21.06.2024 (Annexure P-18) directed that a regular enquiry be conducted into the allegations against the petitioner and further suspended the petitioner from the post of Sarpanch.

2.7 Feeling aggrieved against her suspension order, the petitioner preferred an appeal before learned Commissioner, Hisar Division, Hisar, which was also dismissed vide order dated 17.09.2025 (Annexure P-21).

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

4. Heard.

5. At the outset, it is relevant to mention that Section 51(1)(b) of the Haryana Panchayati Raj Act, 1994 (in short ‘the 1994 Act’) empowers the Deputy Commissioner to suspend a Sarpanch or Panch (as the case may be) during the pendency of an enquiry initiated on the grounds that may justify their removal from office after giving such Sarpanch or Panch, adequate opportunity to explain.

5.1 The grounds of removal are stated in Section 51(3) of the 1994 Act, which includes the ground where the Sarpanch or Panch has misconducted himself in discharge of his duties. In this regard, Section 51(1)

(b) and Section 51(3) of the 1994 Act reads as under:-

“51. Suspension an