Jagsir Singh vs Director Rural Development And Panchayats, Punjab And Others

Harsimran Singh Sethi, J

Petitioner, who is a Sarpanch of village Bhinder Khurd, District Moga, has filed the present writ petition with a prayer that a direction be issued to the

official respondents to stop interference in the execution of the development works to be executed in the village as certain development works, which

are very urgent including cleaning and de-silting the ponds/tanks of the Gram Panchayat, are pending to be executed, but could not be executed due to

non-cooperation of other Panches as well as executive interference.

Learned counsel appearing on behalf of the petitioner submits that the petitioner, who has the required numbers of Panches upon his side, is not being

allowed to execute the development works which are necessary to be executed for the welfare of the residents of the Gram Panchayat and due to

non-execution of the same, residents of the village are suffering.

The assertion being made on behalf of the petitioner is being opposed by the respondents. The respondents in their reply have stated that they have not

created any hindrance in the execution of any development works and rather, it is the Gram Panchayat, which has not passed any resolution,

proposing the execution of any development works.

Learned counsel appearing on behalf of respondents No.6 to 11 submits that they are ready to attend the meeting of the gram panchayat as and when

called upon to do so, relating to the execution of the development works and they will support the proposal, if needed to be executed for the welfare of

the residents of the gram panchayat.

Keeping in view the above, the deadlock between the parties can be resolved in case a meeting of the gram panchayat is directed to be convened for

considering the proposal for the execution of the development works so that the residents of the gram panchayat do not suffer due to the inter-se fight

between the elected representatives.

Learned counsel appearing on behalf of the respondents-State submits that he has the instructions from the District Development and Panchayat

Officer, Moga that the meeting of the gram panchayat can be called on 01.02.2021 in case the Sarpanch and Panches do not oppose the same.

Learned State counsel further submits that the said meeting will be chaired by the Sarpanch and will be supervised by the District Development and

Panchayat Officer, Moga.

Learned counsel for the petitioner as well as learned counsel for respondents No.6 to 11 do not oppose the said proposal of holding the meeting of the

Gram Pancahyat on 01.02.2021 for considering the proposal of the execution of the various development works to take place in village Bhinder Khurd,

District Moga.

Keeping in view the agreement between the parties concerned, let the meeting of the gram pancahyat take place on 01.02.2021, which will be chaired

by the Sarpanch and will be supervised by the District Development and Panchayat Officer Moga. The proceedings of the said meeting will be

videographed and the expenses of the same will be borne out of the funds already available with the Gram Panchayat. The proposal/agenda which is

to be presented for consideration in the said meeting, will be prepared by the Sarpanch and other Panches in consultation with the District

Development and Pancahyat Officer, Moga and the proposals, which are raised by the Sarpanch or Panches, as the case may be, in writing will form

part of the agenda to be taken up in the said meeting.

Whatever decisions are taken in the said meeting, will be given effect to in accordance with law after following the procedure as envisaged under the

Punjab Panchayati Raj Act, 1994. The direction is given to the District Development and Pancahyat Officer, Moga to ensure that the residents of the

gram panchayat do no suffer due to the inter-se fight between the elected representatives, as the gram pancahyat is constituted for the welfare of the

residents and not to stall the development works due to difference of opinion between the elected body.

Learned counsel for the petitioner submits that keeping in view the above, the grievance of the petitioner stands redressed and he does not want to

press this writ petition any further and the same may be disposed of as such.

Ordered accordingly.