JUDGEMENT
MEHINDER SINGH SULLAR, J. -
(1.) TERSINESSLY , the brief facts which require to be noticed, for a limited
purpose of deciding the core controversy, involved in the instant writ
petition and emanating from the record, are that in the wake of general
Gram Panchayat Elections, the petitioner was elected as a Sarpanch,
whereas respondent Nos. 3 to 9 were elected as Panches of the Gram
Panchayat of village Danewala, on 17.7.2008, in view of the provisions of
The Punjab Panchayati Raj Act,1994 (hereinafter to be referred as "the
Act"). Since then, she was stated to have been working to the entire
satisfaction of all the members of the Gram Sabha in general and Gram
Panchayat in particular.
(2.) THE petitioner claimed that the Block Development and Panchayat Officer( respondent No. 2) issued the notice dated 15.9.2010 (Annexure
P-1), to convene the meeting of the Gram Panchayat to consider "no
confidence motion" on 22.9.2010, but no such notice was stated to have
been served upon the petitioner. The respondent No.2 was stated to have
presided over the alleged meeting, wherein a resolution of "no confidence
motion" was passed and petitioner was illegally removed from the office
of Sarpanch, vide resolution dated 22.9.2010 (Annexure P-2) in this
context.
The petitioner did not feel satisfied and filed the instant writ petition, challenging the impugned notice (Annexure P-1) and resolution
(Ananexure P-2), invoking the provisions of the Articles 226 and 227 of
the Constitution of India.
(3.) THE case set up by the petitioner, in brief in so far as the relevant, was that neither any notice dated 15.9.2010 (Annexure P-1) was issued to
her, nor any proper meeting was convened on 22.9.2010, in which, she was
illegally removed by the respondents. The impugned notice (Annexure P-1)
and resolution (Annexure P-2) were stated to be illegal, arbitrary and
against the provisions of the Act.;
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