127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 09.12.2025 Harpreet Kaur ...... Petitioner Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Amandeep Singh Jattana, Advocate for the petitioner.

Mr. Nirmaljit Singh Diwana, Senior DAG Punjab.

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HARSH BUNGER, J. (ORAL)

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dated 12.05.2025 (Annexure P-3), passed by District Development and Panchayat Officer, Amritsar (in short 'DDPO') under Section 200 of Punjab Panchayati Raj Act, 1994 (in short '1994 Act'), whereby an Administrator has been appointed for carrying out the auction of land, belonging to Gram Panchayat, Mallowal (in short 'Gram Panchayat'), whereas Gram Panchayat itself has given the land on lease by auction dated 02.06.2025 (Annexure P-6) by passing a Resolution dated 02.06.2025 (Annexure P-5), wherein right of casting vote has been exercised by Sarpanch and due intimation in this regard has been sent to learned Deputy Commissioner, Amritsar (in short 'Deputy Commissioner') as well as DDPO, vide letter dated 02.06.2025 (Annexure P-9).

1.1 A further prayer has been made for directing respondents No. 3 and 4 to accept resolution dated 02.06.2025 (Annexure P-5), passed by Gram Panchayat.

2. Briefly, petitioner is an elected Sarpanch of village Mallowal in the panchayat elections held on 15.10.2024 and there are seven gram panchayat members. According to the petitioner; out of 7 gram panchayat members, four gram panchayat members either refused to attend the meetings of Gram Panchayat or refused to perform their part. Said four gram panchayat members are respondents No. 6 to 9 herein, namely, Rajvir Kaur, Amandeep Kaur, Jaspal Singh and Varinder Kaur, respectively.

2.1 Petitioner claims that there were certain un-utilized amounts lying with Gram Panchayat and some panchayat fund was received for creation of passage for the houses outside the village; for solar lights; for improvement of village pond and for solid waste management. The said amounts are stated to be about Rs. 8,00,000/- and Gram Panchayat is stated to have passed a Resolution dated 02.12.2024, wherein only three gram panchayat members were present and above referred four gram panchayat members (respondents No. 6 to 9 herein) deliberately remained absent.

2.2 It is stated that thereafter, a notice dated 30.12.2024 was received from the office of Block Development and Panchayat Officer, Block Tarsikka (in short 'BDPO'), intimating that the meeting, which was to be held on 30.12.2024, would now be held on 08.01.2025.

2.3 It is stated that thereafter another notice dated 29.01.2025 was issued by BDPO, informing that respondents No. 6 to 9 herein had submitted their affidavits that the work of Gram Panchayat be carried out by appointing a Government official. Accordingly, it is stated that BDPO called for a meeting, to be held on 04.02.2025, in his office.

2.4 It is further stated that the meeting, which was fixed for 08.01.2025, did not take place and in the subsequent meeting dated 27.01.2025, respondents No. 6 to 9 herein remained absent and same is stated to be position on 06.02.2025.

2.5 It is averred by petitioner that on 29.03.2025, a notice was published for holding a meeting of gram sabha, which is stated to have been attended by more than 350 persons of village and a resolution is said to have been passed by villagers that respondents No. 6 to 9 herein be suspended and removed from the gram panchayat since they were unwilling to carry out the development works. It is noticeable that no proceedings/resolution/notices, as mentioned above, have been placed on record for consideration of this Court.

2.6 Be that as it may, petitioner claims that she has asked for the affidavits (submitted by respondents No. 6 to 9 herein for appointment