- (1.) As identical questions of law and facts are involved, therefore, I propose to dispose of above indicated three writ petitions, vide this common order, in order to avoid the repetition. However, the facts, which need a necessary mention for a limited purpose of deciding the core controversy involved in the instant writ petitions, have been extracted from CWP No. 208 of 2011 Baljit Kaur v. State of Punjab and Ors. in this context.
(2.) The matrix of the facts, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that in pursuance of general panchayat elections held in the month of May, 2008, Respondent Nos. 6 in CWP Nos. 208 and 264 of 2011 and Respondent No. 7 in CWP No. 250 of 2011 were duly elected as Sarpanches of indicated Gram Panchayats, under the provisions of the Punjab Panchayati Raj Act, 1994 and the Rules made thereunder (hereafter to be referred as "the Act").
(3.) The Petitioners claimed that in the wake of respective resolutions of No Confidence Motion under Section 19 of the Act, the elected Sarpanches/private Respondents were removed from the posts of Sarpanches of Gram Panchayats of their respective villages. Consequently, they (Petitioners) were stated to have been elected as new Sarpanches by majority. According to the Petitioners, the elections of new Sarpanches were not notified by the authorities of the State Government on the ground of omission of Section 19 of the Act, by virtue of notification dated 14.12.2010, conveyed vide letter (Annexure P8), the operative part of which is as under: You have passed only No confidence motion against the Sarpanch and that has not been de-notified, you have elected the Sarpanch prior to the de-notification and that election has also not been notified, hence you have not completed the process prior to the omission of Section 19, therefore, it cannot be completed after issuance of Ordinance. Hence name of newly elected sarpanch could not be notified after issuance of Ordinance. Therefore earlier position be maintained.;