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Shiv Narain Vs Joint Secretary to the State of Punjab, Department of Rural Development and Gram Panchayat and Others

Case No: CWP No. 12418 of 1991

Date of Decision: Nov. 25, 2010

Acts Referred: Gram Panchayat Act, 1952 — Section 102(A)

Hon'ble Judges: M. Jeyapaul, J

Bench: Single Bench

Final Decision: Dismissed

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Judgement

M. Jeyapaul, J.@mdashHeard the submissions made on either side.

2. The Petitioner was elected as Sarpanch of village Panchayat Waryam Khera in the Panchayat elections held in the year, 1983. He was

dismissed by the third Respondent invoking his power u/s 102-A of the Gram Panchayat Act, 1952. The Petitioner preferred an appeal before the

second Respondent. But the said appeal was dismissed confirming the order passed by the third Respondent. As against the order of dismissal of

the appeal preferred by the Petitioner, the Petitioner preferred a revision before the first Respondent which was also rejected by the first

Respondent. The Petitioner has challenged the orders passed by Respondents No. 1 to 3 dismissing his position as elected Sarpanch in the present

writ petition.

3. At the time when the Petitioner preferred the writ petition, he moved a miscellaneous application praying to stay the operation of the impugned

orders passed by Respondents No. 1 to 3. This Court was pleased to stay the operation of the impugned orders passed by Respondents No. 1

and 3.

4. The learned Counsel appearing for the Petitioner in the above background of this case would submit that the Petitioner would have completed

the full tenure as the elected Sarpanch of the aforesaid village as the impugned orders passed by the Respondents No. 1 to 3 were stayed.

5. In view of the above, I find that nothing survives in this writ petition challenging the order of dismissal passed by the Respondents herein.

6. Therefore, the writ petition stands dismissed as infructuous. There is no order as to costs.