A.L.BAHRI, J. - (1.) Short question for consideration in this writ petition is about the validity of the order (Annexure 1) dated 21/02/1994, passed by the District Development and Panchayat Officer, Ferozepur. This order is purported to have been passed under Section 99(1) of the Punjab Gram Panchayat Act, 1952, appointing Shri Kirpal Singh, Gram Sewak, Block Jalalabad, as Administrator to spend the grant. While giving reasons for passing such an order, it is mentioned that the Gram Panchayat Chak Gulam Rasual Wala(Chowk Veroke) is comprised of six members and a Sarpanch. Four members are not co-operating with the Sarpanch and they had reported the matter in writing that the Gram Panchayat had received a grant of Rs. 1, 70, 016.00 under the special Development Gram Scheme and the same may be spent through the Administrator. The majority quoram of the said Gram Panchayat is not complete. The Block Development and Panchayat Officer, Jalalabad, recommended the appointment of the Administrator. This order has been challenged by Hakim Singh Sarpanch of the Gram Panchayat aforesaid.
(2.) On notice of motion having been issued, written statement has been filed by the official respondents.
(3.) Section 99(i) of the Punjab Gram Panchayat Act reads as under:- "If a Gram Panchayat makes default in the performance of any duty other than a judicial function imposed upon it by or under this Act, or under any other law for the time being in force, the Deputy Commissioner or the (District Development and Panchayat Officers in Punjab) (Sub-Divisional Officer in Haryana) as the case may be, may fix a period for the performance thereof, and in case of default may appoint any person to perform it and may direct that the expenses arising from, and incidental to, its performance shall be paid by the Gram Panchayat within the time fixed." A bare perusal of the aforesaid provision would show that it is only in one contigency that the action could be taken, i.e. if the Deputy Commissioner or the District Development and Panchayat Officer had fixed a period for performance of some function other than judicial function by the panchayat that on failure to do so, Administrator could be appointed. There is no allegation in the written statement that any such period for performance of function was fixed by the competent authority, mentioned therein. It is a fact that a grant was made available to the panchayat for being spent. However, no period was fixed for utilization of such funds by the panchayat.;