Sukhjinder Kaur v. State Of Punjab And ORS

CWP-25378-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25378-2023 Date of Decision: November 21, 2023 Sukhjinder Kaur ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Tajinder Kataria, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioner has approached this Court praying for setting aside the impugned order dated 08.05.2023, issued on 22.05.2023, Annexure P-1, passed by respondent No.2, i.e. Director, Rural Development and Panchayat, Punjab at Mohali, Punjab, whereby the petitioner has been suspended from the post of Sarpanch, Gram Panchayat, village Karmuwala, Block Ghall Khurd, District Ferozepur, illegally, arbitrarily and against the settled principles of law. It is further prayed to direct respondent No.1 (wrongly written as respondent No.2) to decide the appeal filed by the petitioner before it expeditiously and in a time bound manner. It has been submitted by learned counsel for the petitioner that petitioner, who is an elected Sarpanch, was illegally suspended.

He submits that the impugned order of suspension has been passed totally in violation of the settled principles of law and without hearing the petitioner. He submits that appeal under Section 20(6) of the Punjab Panchayati Raj Act, 1994 alongwith stay application was filed on 12.10.2023 but the same has not MEENU 2023.11.

CWP-25378-2023 -2been listed till date.

Notice of motion.

On asking of the Court, Ms.Akshita Chauhan, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State. After hearing counsel for the parties and in the facts and circumstances of the case, the present petition is disposed of with a direction to respondent No.1, i.e. Chief Secretary, Rural Development and Panchayat, Punjab, to take up the appeal alongwith stay application and hear the parties and decide the stay application expeditiously in accordance with law. In the meantime, operation of impugned order dated 08.05.2023, Annexure P-1, shall remain stayed till the decision of the stay application.

November 21, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.11.23 12:34 I attest to the accuracy and integrity of this order/judgment