In CWP-10905-2023-PUNJ HC- P&H HC comes to aid of suspended Sarpanch; directs his plea to be heard before meeting for appointment of Adhoc Sarpanch is conducted
Justice Vikas Bahl [18-05-2023]

Read Order: Poonam Vs. State Of Haryana And Others 

LE Correspondent

Chandigarh, May 20, 2023: While considering the fact that the meeting for the appointment of an Adhoc Sarpanch, who is to be picked from the other members of the Pancahyat, has been fixed for May 23,2023, the Punjab and Haryana High Court has asked the Authorities to hear the plea of the petitioner suspended from the post of Sarpanch at the earliest.

The Bench of Justice Vikas Bahl was considering a writ petition filed under Articles 226/227 of the Constitution for the issuance of a writ in the nature of certiorari for setting aside the order and further a writ of mandamus for staying the operation and implementation of the impugned order whereby the petitioner had been ordered to be suspended from the post of Sarpanch till the decision of the application for stay.

It was the petitioner’s case that the petitioner had been suspended from the post of Sarpanch and against the said order, an appeal has been filed. The petitioner had requested for a short date, however, the date for preliminary hearing had been fixed for June 20,2023.

It was further submitted that a prayer for stay had been made in the said appeal as there was an urgency in the appeal. A letter had been issued by the BDPO for appointment of an Adhoc Sarpanch, to be picked from the other members of the Pancahyat and the meeting was fixed for May 23,2023. It was argued that at any rate, the appeal filed by the petitioner be preponed for preliminary hearing and the application for stay be also considered before May 23,2023.

The State Counsel affirmed the Court that every endeavour would be made by to put up the appeal filed by the petitioner  on any date prior to May  23, 2023 and the appeal would be considered alongwith the stay application for preliminary hearing before May 23, 2023.

Thus, the Bench disposed of the writ petition with a direction to put up the appeal filed by the petitioner on any date prior to May  23, 2023 and also consider the said appeal for preliminary hearing alongwith the stay application on the said date and to pass an appropriate order on the same.