- (1.) This is a petition under Articles 226 and 227 of the Constitution of India and is directed against the order of the Deputy Commissioner dated 23rd of December, 1970. The order reads thus :- "Vide this office Endst. No. 14980-82-Vikas, dated the 4th December, 1970, an enquiry was ordered to be conducted against Shri Inder Singh, Sarpanch, Gram Panchayat Mattar, Tehsil Sirsa. The charges levelled against Inder Singh Sarpanch are of serious nature. In case these are proved, he can no longer continue to be a Sarpanch. He is, therefore, suspended from the office of Sarpanch, Gram Panchayat Mattar, Tehsil Sirsa, during the period of inquiry and it is ordered that the cash, record and other articles belonging to the Panchayat, which are in his possession should be handed over to the acting Sarpanch immediately. The remaining Panches shall elect the Acting Sarpanch from amongst themselves within 10 days of the receipt of this order."
(2.) The learned counsel for the petitioner has raised the following contentions :- (1) That the provisions of Section 102(1) of the Punjab Gram Panchayat Act. 1952 (hereinafter referred to as the Act) are ultra vires the Constitution of India. (2) That the Deputy Commissioner has no power to suspend a Sarpanch. (3) That the Deputy Commissioner cannot nominate another Sarpanch to act in the vacancy. (4) That the power given to the Deputy Commissioner under Section 102(1) of the Act, enabling him to suspend a Sarpanch, is uncontrolled and unguided and is capable of discrimination and, therefore, ultra vires Article 14 of the Constitution.
(3.) After hearing the learned counsel, we find no merit in any one of these contentions. So far as the first contention is concerned, the matter is not res integra. Narula, J. had an occasion to consider this matter in Vatoo Ram v. State of Haryana, etc., 1971 CurLJ(Civ&Cri) 421, and repelled the contention that Section 102(1) of the Act is ultra vires. In addition to that, no cogent reason has been advanced which would enable us to take a different view of the matter.;