- (1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to get the records along with accounts of the Gram Panchayat Village Chak Rohliwala, District Fazilka from respondent No. 4 and to hand over the same to the petitioner, who has been unanimously elected as Sarpanch of the Gram Panchayat. I have heard learned counsel for the parties and perused the record.
(2.) It is the case of petitioner that she took oath as Sarpanch on 08.08.2013 under Section 13 of the Punjab Panchayati Raj Act, 1994 (in short, 'the 1994 Act'), but till date, charge has not been handed over to her after taking over the same from respondent No. 4. It is also pleaded by the petitioner that under Section 87 of the 1994 Act, charge is required to be taken over from the Sarpanch or Panch before filing of his/her nomination paper for the fresh election or on vacation of his/her office due to any reason. In this case, it appears that no charge was taken over by the concerned authority as per Section 87(3) of the 1994 Act. Rather in pursuance of notice of motion of the present writ petition, respondents No. 1 to 3 appeared and filed written statement taking numerous preliminary objections. Preliminary objections No. 3 and 4 read as under: "3. That the oath was administered to the members of the Gram Panchayat on 8.8.2013 and thereafter the meeting was convened under the chairmanship of the petitioner, wherein, it was resolved that now all the bank accounts of the Gram Panchayat will be operated by Smt. Binder Kaur, Sarpanch, Lakhwinder Singh, Panch and the Block Development and Panchayat Officer, Jalalabad. A true translated copy of the resolution dated 20.8.2013 is being annexed herewith as Annexure R-1. 4. That out of total 6 members, five member panches of the Gram Panchayat, the petitioner was also present in the said meeting and passed a resolution on 14.10.2013 wherein it is stated that Sarpanch Binder Kaur, Gram Panchayat, is not correct. Therefore, we all the panches are not supporting the Sarpanch for work. Thus, you are requested to appoint an administrator for doing the development works of our village and for auctioning the shamlat land. A true translated copy of the resolution dated 14.10.2013 is being annexed herewith as Annexure R-2."
(3.) In pursuance of order dated 18.11.2014, respondent No. 3- BDPO and Sh. Rajiv Kumar, Panchayat Secretary came present in Court. Statement of Sh. Rajiv Kumar was recorded which reads as under: "Statement of Rajiv Kumar, Panchayat Secretary, Village Chak Rohi Wala. On. S.A. I am Secretary of Panchayats of five villages, namely, Dhani Kartar Singh, Chak Pali Wala, Chak Rohi Wala, Mandi Amin Ganj and Rora Wala (Tare Wala). I was posted in 2004 in this Tehsil. I was posted in this circle in July, 2010-11 and have been continuing since then. I am having entire record of village Chak Rohi Wala in my custody and record of other four villages is with the respective Sarpanches. I am in custody of this record because quorum of the Panchayat is not complete. I will bring entire record on the next date of hearing.";