HARBHAJAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This writ petition inter alia seeks quashing of order dated 12.9.2001, Annexure P -12, whereby the petitioner was suspended from the office of Sarpanch under Sec. 20(4) of the Punjab Panchayati Raj Act, 1994 (for short, the Act), as affirmed in appeal vide order dated 3.10.2001, Annexure P -17.

(2.) The contention of counsel for the petitioner is that the order is mala fide, illegal and un -warranted. Respondent No. 7, who is local M.L.A. was inimical to the petitioner. The petition was originally filed on 20.9.2001 and it was stated that the petitioner had already preferred an appeal, which was pending. Vide order dated 25,9.2001, this Court directed the appellate authority to hear the appeal and to take the decision. Accordingly, the appeal was decided on 3.10.2001. The appellate authority, while dismissing the appeal, directed that the enquiry against the petitioner be completed within two months. The petition was, thereafter, permitted to be amended to include challenge against the appellate order. Inspite of opportunity being given, no reply was filed.

(3.) During pendency of this writ petition, the petitioner filed a suit in the Court of Civil Judge (Junior Division), Gurdaspur on 23.10.2001 seeking a declaration that the enquiry against the petitioner was illegal and an ex -parte stay was granted on 24.10.2001.