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Judgment
D.S. Tewatia, J.(Oral)
Petitioner Kartar Singh, Sarpanch, panchayat Hemrajpur, has impugned in this petition order dated 31.12.1973, Annexure P.1 to the petition, suspending him from Sarpanchship. The operative part of Annexure P.1 is in the following terms :
"Because of the fact that the State Government has directed per its order No. C2.73/39427 dated 24.11.1973 that enquiry be held against Shri Kartar Singh son of Bahadur Singh, Sarpanch, Gram Panchayat Hemrajpur, Tehsil/Block, Gurdaspur, District Gurdaspur, with respect to the allegations of misconduct, as alleged in the attached enclosure.
Whereas, in case the allegations are proved to be true, then in that case, he can be removed from the office of Sarpanch.
Therefore, I, R.S. Kang, I.A.S., Deputy Commissioner, Gurdaspur, in exercise of the powers vested in me under section 102, subsection (1), of the Punjab Gram Panchayat Act, 1952, suspend Shri Kartar Singh son of Bahadur Singh, Sarpanch, Gram Panchayat, Hemrajpur, till the conclusion of the enquiry, and prohibit him from participating in the proceedings of the abovementioned Panchayat, and also order that he should hand over the charge of the records, cash and the other articles in his charge and custody immediately to the undermentioned person who has been duly authorised in that behalf ... ... ... ... ... ...".
Unamended subsection (1) of section 102 of the Punjab Gram Panchayat Act, 1952, (hereinafter referred to as the Act), envisaging suspension of a Panch or Sarpanch is in the following terms :
"102. (1) The Deputy Commissioner may during the course of an enquiry, suspend a Panch for any of the reasons for which he can be removed, and debar him from taking part in any act or proceedings of the said body during that period and order him to hand over the records, money or any property of the said body to the person authorised in this behalf."
Perusal of the unamended subsection (1) of section 102 of the Act would show that a Panch or Sarpanch could be suspended for any of the reasons for which he could be removed. The reasons for which a Panch or Sarpanch can be removed are mentioned in subsection (2) of section 102 of the Act. Clause (a) of subsection (2) of section 102 of the Act incorporates the entire subsection (5) of section 6 of the Act. So the reasons on which a Panch or Sarpanch can be removed are those that are mentioned in subsection (5) of section 6, besides the ones envisaged in clause (b) to (e) of subsection (2) of section 102 of the Act.
Perusal of the petition and the written statement of respondent No. 2 would show that the misconduct for which the petitioner had been suspended was that he had been convicted by a criminal Court of offence under section 160 of the Indian Penal Code and had been fined Rs. 20/.
Conviction of a Panch or Sarpanch furnishes a reason for his removal by virtue of the provisions of clauses (b) and (d) of subsection (5) of section 6 of the Act. Clause (d) refers to a conviction of an election offence, hence not applicable to the case of the petitioner, while clause (b) refers to a conviction of an offence involving moral turpitude. The offence under section 160 I.P.C., which refers to an affray in a public place, surely, by no stretch of imagination, can be said to involve moral turpitude on the part of the persons merely exchanging first blows or so.
In the written statement, effort is made to attract clause (c) of subsection (5) of section 6 of the Act. Clause (c) is in the following terms :
"6. (5) No person who is not a member of a Sabha and who ... ...
(c) has been subjected to an order by a criminal Court and which order in the opinion of Government or of the officer to whom Government has delegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch or Panch, unless a period of five years has elapsed since the date of order, or ... ...
shall be entitled to stand for election, as or continue to be a Sarpanch or Panch. ... ...".
In terms of the abovesaid clause, a Panch or Sarpanch can be removed, if the order of the criminal Court implies a defect of character unfitting him to be a Panch or Sarpanch. The order of the trial Court convicting the petitioner Sarpanch of an offence under section 160 of the penal Code cannot impute to him a defect of character unfitting him to be a Sarpanch. Further, perusal of Annexure P.1 would show that the Deputy Commissioner did not form such an opinion of the order which it is necessary before he could pass the order in question.
For the reasons aforementioned, the impugned order, Annexure P.1, is quashed.
As admittedly the fresh elections had taken place since the admission of this writ petition the relief of restoration to the office of the Sarpanchship of the petitioner cannot be given. The writ petition is, therefore, allowed with Rs. 500/ as costs to be paid to the petitioner by the State.