Gurcharan Singh vs State of Punjab and others

Ranjit Singh, J.—Respondent No. 5/Balbir Singh filed Civil Writ Petition No. 1476 of 2011 before this Court alleging that the Gram Panchayat Gonspur, Block Ludhiana consisted of five members including the Sarpanch and out of 5 members, 3 members gave an application against the petitioner-Sarpanch for bringing no confidence motion against him. Respondent No. 5 also pleaded that he has been elected authorised Panch on the basis of no confidence motion passed against the petitioner. This assertion is said to be made falsely with mala fide intention. The Division Bench of this Court while issuing notice of motion, directed the parties to maintain status quo in regard to the office of Sarpanch as it existed on 27.01.2011. The grievance in the present writ petition is that despite this status quo order, the official respondents have passed order, Annexure P-3, which is to the effect that all those Sarpanches against whom no confidence motion was passed without covering 7 steps u/s 19 are directed to be reinstated. this Court having restored this petition, appointed respondent No. 5 as authorised Panch of Gram Panchayat till further orders. Counsel for the petitioner would allege that this order would violate the status quo order passed by the Division Bench. Copy of which is annexed with the petition as Annexure P-1.

Reply on behalf of respondents No. 1 to 3 has been filed. Counsel appearing for respondent No. 5 has adopted the reply filed by the State. Costs have been deposited. State counsel would point out that the writ petition filed by respondent No. 5 has been finally disposed of and the interim direction directing the parties to maintain status quo merged into the final order passed by the Division Bench.

While deciding this petition, the Division Bench has directed official respondents to notify the changes effected due to passing of the no confidence motion in the Gram Panchayat within a period of 15 days. Pursuant to this final order, impugned order, Annexure P-3 has been passed. Since the very basis on which the order is challenged, is not more in existence, no cause will arise to interfere in the impugned order, Annexure P-3. The writ petition is without any merit and is, accordingly, dismissed.