IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No. ________ of 2020
Amandeep Singh @ Kala
……Petitioner
Versus
State of Punjab and Others
……Respondents
INDEX
Sr. Particulars Dates Pages Court
No. Fee
1. List of Events & Dates 06.03.2020
2. Civil Writ Petition 06.03.2020
3. Affidavit in support 06.03.2020
4. Annexure P-1 (----) 19.12.2018
5. Annexure P-2 (Order of 19.12.2018
Appointment)
6. Power of Attorney 28.02.2020
VERNACULARS
7. Annexure P-1 (----) 19.12.2018
8. Annexure P-2 (Order of 19.12.2018
Appointment)
Total court Fee:
Notes:
1. Whether any caveat filed/received: No
2. The main law points involved in this writ petition are
contained in para no. & , page Nos.
3. Relevant Statutes/Rules: Constitution of India (ii)
Punjab Panchayati Raj Act, 1994.
4. Any other similar case: No.
Place: Chandigarh (Narinder S. Lucky)
Dated: 06.03.2020 Advocate (P-1317/2003)
Counsel for the Petitioner
LIST OF EVENTS WITH DATES
24.09.2020 Expiration of Term of Respondent no 4 as the
Manager, Gram Panchayat Manisar, Barnala;
appointed by Respon No 3, under Sec 200 (1) of
the Punjab Panchayati Raj Act, 1994.
05.10.2020 Respondent no 3, again appointed Respondent
no 4 as the Manager, Gram Panchayat Manisar,
Barnala, under Sec 200 (1) of the Punjab
Panchayati Raj Act, 1994.
05.11.2020 Expiration of Term of Respondent no 4 as the
Manager, Gram Panchayat Manisar, Barnala.
13.12.2020 Respondent no 4 is still acting as the Manager,
Gram Panchayat Manisar, Barnala and
conducting the business along with along with
Respondent no 5 despite the fact that his term
has expired.
14.12.2020 Hence, finding no other option, the petitioner is
filing the present Writ Petition before this
Hon’ble Court.
Place: Chandigarh (Narinder S. Lucky)
Dated: 06.03.2020 Advocate
Counsel for the Petitioner
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.________ of 2020
MEMO OF PARTIES
Amandeep Singh @ Kala, S/o Kuldeep Singh, R/o Naiwala
Road, Manisar, Barnala.
…………Petitioner
Versus
1. State of Punjab through Secretary, Home Department,
Punjab Civil Secretariat, Sector-9, Chandigarh.
2. Director, Panchayat and Rural Development, Punjab,
Vikas Bhawan, Phase-8, SAS Nagar (Mohali).
3. District Development and Panchayat Officer, Barnala.
4. Gurpreet Singh, Tax Collector, Block Development
and Panchayat Office, Barnala
5. Hardeep Singh, Panchayat Secretary, Block
Development and Panchayat Office, Barnala
6. Harbans Singh S/o Ajmer Singh
7. Murti Devi W/o Rolu Ram
8. Shinder Kaur W/o Nachhater Singh
9. Parmjit Singh Jagat / Present Sarpanch
Respondent No. 6 to 9 are residents of Nirmal Road
Manisar Nagar Barnala.
………Respondents
Place: Chandigarh (Narinder S. Lucky)
Dated: 06.03.2020 Advocate
Counsel for the Petitioner
Civil Writ Petition under Article
226/227 of the Constitution of
India praying for the issuance of
an appropriate writ, order or
direction especially in the nature
of Quo Warranto to Respondent
No. 4 to explain under What
authority is he still acting as the
Manager, Gram Panchayat
Manisar, Barnala .
AND/OR
Writ in the nature of Mandamus to
Respondent No. 3, directing him to
take steps either to hold the
Elections for Gram Panchayat
Manisar, Barnala within a time
bound manner, or to appoint one
manager if required. Kindly order
a stay of any further work till
either new Panchayat is Elected or
manager is appounted
AND/OR
Any other order or direction which
this Hon’ble Court may deem fit
and proper under the facts and
circumstances of the present case.
RESPECTFULLY SHOWETH:
1. That the petitioner is permanent resident of above
mentioned address and has approached to invoke the extra-
ordinary jurisdiction of this Hon’ble Court by way of writ
petition under Article 226/227 of the Constitution of India.
2. That the petitioner is a peace loving resident of
above mentioned address and always work for the welfare of
the society.
3. That in the year 2018, elections Panchayat
elections were held and the petitioner was elected as one of
the Punch. The --- Proof of such --- is annexed as
ANNEXURE P1.
4. That in the Year 2020, as there was problem in
conducting the work due to lack of Quorum, hence the
Respondent no 3, being the District Development and
Panchayat Officer, Barnala, appointed Responded no 4 as
the Manager, Gram Panchayat, Manisar, Barnala.
5. That as the term of appointment of Responded no 2
Expired, he was one again appointed as the Manger on
05.10.2020, for 1 Month, till 05.11.2020 to complete some
specific work, order of his appointment is annexed as
ANNEXURE P2.
6. That on 05.11.2020, term of the Responded no 4, once
again ended, but he is still continuing to work, despite the
knowledge of this fact.
7. That the Respondent no 4 acting as the Manger of
Gram Panchayat, is utilising the funds, directing work and
conducting business.
8. That the Gram Panchayat being a constitutionally
provided machinery, management of Gram Panchayat is to
be in the hand of elected representatives or in the hands of
appointed persons as per the provisions of law, that being
the The Punjab Panchayati Raj Act 1994.
9. That respondent no 4 is not authorised under any law
to do such a work, as his term of appointment has expired.
That his such acts are against the spirit of law, and are
unconstitutional.
10. That respondent no 4 is a usurper to the office and is
illegally acting.
11. That on the Petitioner has confronted the Respondent
No 4 many times, but instead of listening to him, respondent
no 4 abused and threatened the petitioner.
12. That the petitioner has approached Respondent no 3
number of times in regards to this matter, but Respondent
no 3 does not listen to him.
13. That Respondent no 4 is acting in connivance with
Respondent no 3 and 5. That Respondent no 6 to 9 are
contributing and supporting the acts of Respondent no 4.
14. That it is worth to mention here that Under Sec 26(3) of
The Punjab Panchayati raj Act 1994, the Gram Panchayat
Secretary, subject to rules as may be prescribed by the State
Government, is supposed to act under the control of the
Sarpanch. And through Sarpanch, Secretary is responsible
to the Gram Panchayat. But here the respondent no 5,
instead of being responsible to Petitioner (One of the Panch),
is in reality working in connivance with the usurper
Respondent no 4.
15. That Respondent no 3 is supposed to act bona-fide in
regards to the Panchayati Affairs, but here he is supporting
the usurper and not heading to the pleas of the Petitioner.
16. That Respondent no 6 to 9, working in connivance with
Respondent no 4 are supporting the illegal acts and are also
the guilty party.
17. That it is worth to mention here that, Under Section
20(1), the Director can remove the Sarpanch or Panchs, if:
(b) who refuses to act or becomes incapable of acting; or (c)
who, being a Sarpanch, without reasonable cause, fails to
hold meetings of the Gram Panchayat as required under
sub-section (1) of section 16 for a period of two consecutive
months; or (d) who, without reasonable cause, absents
himself for more than two consecutive months from the
meetings of the Gram Panchayat,
18. That despite the fulfillment of the above mentioned
criteria, the Sarpanch and Panchs have not been removed
from office by the Director.
19. That under Section 29, the State Government is
Empowered to dissolve the Gram Panchayat, is it is not able
to perform its functions, hence the act of appointing a
Manager again and again is also a fraud upon the act and
the constitution.
20. The relevant para of Section 29 is reproduced here:
(1) If in the State Government, a Gram Panchayat
abuses its powers or is not competent to perform or
makes persistent defaults in the performance of its
duties under this Act or willfully disregards any
instructions given or directions issued by the
Panchayat Samiti or Zila Parishad or any instructions
issued by the State Government arising out of the audit
of accounts of the Gram Panchayat or inspection of
work, the State Government may, after giving the Gram
Panchayat an opportunity to render explanation, by an
order published, alongwith the reasons thereof, in the
Official Gazette, dissolve such Gram Panchayat.
21. That the respondent no 1 and 2 must either take steps
for the effective working of the Gram Panchayat, Barnala, or
must dissolve it and conduct fresh elections.
22. That playing a fraud upon the Act and the Constitution
by keeping the Panchayat in limbo and appointing Managers
instead could not be permitted.
23. That despite various intimations by the petitioner,
no action has been taken till date by the official respondents.
24. That keeping in view the circumstances and non-
cooperative behaviour of the authorities, petitioner is left
with no other remedy but to approach this Hon’ble Court
under Article 226/227 of the Constitution of India by way of
filing the present Writ Petition.
25. That in the present case the following questions of
law are involved for the kind consideration of this Hon'ble
Court:
i) Whether respondent No. 4 is entitled to work and
hold office when his term of appointment under
Sec 200(3) of the Punjab Panchayati Raj Act, 1994
has expired as per the appointment order
(Annexure P-2).
ii) Whether respondent No. 3 is duty bound to take
steps for the effective working of the Gram
Panchayat, Barnala, under the Punjab Panchayati
Raj Act, 1994.
iii) Whether it is allowed to appoint a manager again
and again under Sec 200(3) of the Punjab
Panchayati Raj Act, 1994 when the Gram
Panchayat is not working effectively due to lack of
Quorum.
iv) Whether respondent No. 1 and 2 should dissolve
the Gram Panchayat Manisar, Barnala and
conduct Fresh Elections under the Punjab
Panchayati Raj Act, 1994.
v) Whether stay must be granted till the new Gram
Panchayat Manisar, Barnala is elected or
new Manager is appointed.
19. That the petitioner has not filed any other writ
petition in this Hon'ble Court or in any other Hon'ble High
Court or in the Hon'ble Supreme Court of India on the same,
similar or any other grounds.
PRAYER
It is respectfully prayed that this petition may kindly be
accepted and this Hon'ble Court may kindly be pleased to:
i) Issue a writin the nature of Quo Warranto to
Respondent No. 4 to explain under What authority is
he still acting as the Manager, Gram Panchayat
Manisar, Barnala .
ii) Issue a writ in the nature of Mandamus to Respondent
No. 3, directing him to take steps either to hold the
Elections for Gram Panchayat Manisar, Barnala
within a time bound manner, or to appoint one
manager if required.
iii) Issue a stay order on any further work I the Gram
Panchayat, Mansaria, Barnala, till either new
Panchayat is Elected or manager is appointed
iv) Any other order or direction which this Hon’ble Court
may deem fit and proper under the facts and
circumstances of the present case
v) The petitioner be exempted from filing the copies of
the writ petition for service to the respondents at this
stage.
vi) The petitioner be exempted from filing
certified/legible and true typed copies of Annexures.
vii) The cost of the writ petition may also be awarded
to the petitioner.
PETITIONER
Through Counsel
Place: Chandigarh (Narinder S. Lucky)
Dated: 06.03.2020 Advocate
Counsel for the Petitioner
VERIFICATION:
Verified that the statement of facts made in paras 1 to
and to of the writ petition are true and correct to my
knowledge. No part of it is false and nothing relevant has
been concealed. Legal submissions have been made in para
Nos. as per the advice received from the counsel, which is
believed to be correct.
Place: Chandigarh
Date: 06.03.2020 PETITIONER
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No. ________ of 2020
Amandeep Singh @ Kala
……Petitioner
Versus
State of Punjab and Others
……Respondents
COURT FEE
Place: Chandigarh (Narinder S. Lucky)
Dated: 06.03.2020 Advocate
Counsel for the Petitioner
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No. ________ of 2020
Amandeep Singh @ Kala
……Petitioner
Versus
State of Punjab and Others
……Respondents
Affidavit of Amandeep Singh @
Kala, aged 30 years, son of
Kuldeep Singh, resident of Naiwala
Road, Barnala.
I, the above named deponent do hereby solemnly
affirm and declare as under:
1. That I have gone through the contents of the
accompanying writ petition which has been drafted by
counsel on the basis of information supplied by me.
The contents of the facts stated in the above writ
petition are true and correct to the best of my
knowledge and information.
2. That the statement of facts made in paras of the Civil
Writ Petition are true and correct to my information
and knowledge. No part of it is false and nothing
relevant has been concealed. Legal submissions have
been made in para No. and as per the advise
received from the counsel which is believed to be true.
CHANDIGARH
DATED: 06.03.2020 Deponent
VERIFICATION:
Verified that the contents of para nos. 1 and 2 of my above
affidavit are true and correct to the best of my knowledge
and no part of it is false and nothing has been concealed
therein.
CHANDIGARH
DATED: 06.03.2020 Deponent
