- (1.) This is an appeal filed under Clause X of the Letters Patent by Dharam Singh and Risal Singh, residents of village Kachhana, Tehsil Kaithal, District Kurukshetra against the judgment dated July 30, 1973 of a learned Judge of this Court dismissing their writ petition under Articles 226 and 227 of the Constitution of India to quash the order dated March 15, 1973 of the State of Haryana and the order dated April 14, 1973 of the Block Development and Panchayat Officer, Rajound, District Jind.
(2.) The facts of this case are that Dharam Singh and Risal Singh appellants and respondent Nos. 4 to 9 were elected as Panches of the Panchayat of village Kachhana, Tehsil Kaithal, District Kurukshutra in the election held in the year 1971. Dharam Singh appellant No. 1 was elected as Sarpanch in the election held in December, 1971/January, 1972. The Block Development and Panchayat Officer, Rajound, District Jind, Respondent No. 3, called a meeting of the Panches for February 22, 1973 at 11 A.M. to ascertain the opinion of the majority of the Panches and for the passing of the resolution of no-confidence against Dharam Singh Sarpanch. The notice of this meeting was alleged to have been served on Dharam Singh mentioning February 23, 1973 as the date of the meeting and not February 22, 1973. He went to the office of Respondent No. 3 on February 23, 1973 and was told that the meeting had already taken place on February 22, 1973 and the no-confidence motion had been passed against him. He was also told that respondent Nos. 4 to 9 were present at that meeting and they unanimously voted in favour of the no-confidence motion. Dharam Singh tried to obtain copies of the no-confidence motion and some orders and then filed the writ petition challenging his removal from the office of the Sarpanch in consequence of the no-confidence motion.
(3.) Separate written statements were filed by Respondent Nos. 2, 3 and 4. It has stated that the notice, copy of which is Annexure 'E' to the affidavit of appellant No. 1, dated May 4, 1973, was served on him by affixation as he refused to accept service. Risal Singh Panch, appellant No. 2, accepted service by thumb-marking the duplicate of the notice. The service was effected by Chaukidar of the Panchayat, which was attested by the Chaukidar of the village. The allegations made in the writ petition were denied.;