- (1.) The petitioner has challenged validity of the order dated 28.11.2013 by which respondent no.3 has appointed respondent no.5 as the Administrator of the Gram Panchayat of village Gaggar Sarai, allegedly in violation of the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (here-in-after referred to as the "Act").
(2.) In brief, the petitioner is the elected Sarpanch of the Gram Panchayat Gaggar Sarai. Respondent no.3 served a notice upon the petitioner and other Panchayat members under Section 200 of the Act in which it was averred that the Block Development and Panchayat Officer, Ghanaur, vide his letter dated 08.11.2013, has written that due to party faction in the Gram Panchayat, the quorum is not complete in the meetings because of which the development works have come to a standstill. Sh. Jaswant Singh, Sh. Nachhattar Singh, Sh. Sewa Singh, Smt. Geeta Rani and Smt. Rajwinder Kaur, members of the Panchayat, have given in writing to respondent no.3 that for completing certain works, they required a government employee as the Manager. In view thereof, a notice was issued to start the work within 15 days and if the Sarpanch or the Panchayat commits any negligence, then senior authorities are to be written for initiating disciplinary proceedings against them.
(3.) The petitioner gave reply to the notice in which he alleged that Panchayat members Nachhattar Singh and Geeta Rani have encroached upon the Panchayat land against whom he had filed application under Section 7 of the Punjab Village Common Land and (Regulations) Act, 1961. It is also alleged that there is no progress in the development works because of the party faction in the Panchayat. After taking the reply into consideration, the impugned order dated 28.11.2013 has been passed by respondent no.3 and made the following observations:- "In this regards, the Block Development and Panchayat Officer, Ghanaur, vide letter No.3205 dated 27.11.2013, has written that all the Sarpanch/Panch of Gram panchayat Ghaghar Sarai are not taking any interest in the development works for which the development works have been stopped. Despite acknowledgment of notice issued under Section 200 of the Punjab Panchayati Raj Act, 1994, vide this letter No.2214-15 dated 08.11.2013 the Gram Panchayat has not started the development works. From which it seems that all the Sarpanch/Panch Gram Panchayat Ghaghar Sarai are lingering on to start the development work of the village and are not taking any interest. Therefore, for the completion of stopped work of Gram Panchayat Sarai like Rs.2700/- salary of the sweeper, Rs.13,500/- depositing as C.S. Wages, Rs.40,000/- for the construction of drains of streets and Rs.20,585/- for misc. works are lying balance for expenditure. Therefore, in order to start the above works Shri Jaswinder Singh Panchayat Officer (Charge) is hereby recommended to be appointed as Manager, Government Employee. Therefore, keeping in view the above for making the expenses for development works like Rs.2700/- salary of the sweeper, Rs.13,500/- depositing as C.S.Wages, Rs.40,000/- for the construction of drains of streets and Rs.20,585/- for misc. works, Shri Jaswinder Singh Panchayat Officer (Charge) is hereby appointed as Manager Government employee for 60 days and he is directed to ensure the compliance of rules and instructions issued by the Government for completing the above work.";