Sarpanch Post In Punjab Village Vacant For 4 Yrs | High Court Summons State Election Commissioner, Imposes ₹50K Cost

The Punjab & Haryana High Court has imposed a cost of Rs. 50,000 on the Punjab State Election Commissioner for seeking further adjournment in a contempt plea.

The petition alleges non-compliance with the High Court's order to conduct bye-elections for the Sarpanch in a Gram Panchayat Village in Mansa District, Punjab, a post, which has been vacant since 2019.

A bench of Justice Rajbir Sehrawat said, "Adjourned to 18.12.2023, subject to payment of Rs.50,000/- as costs; to be deposited with the Punjab and Haryana High Court Lawyers Welfare Fund, by the State Election Commissioner, Punjab."

The Court also directed that Raj Kumar Chaudhary, State Election Commissioner, Punjab, who was present in the Court in pursuance of a previous order, "to again present before this Court on the next date of hearing."

These observations came in response to the contempt plea filed by the residents of the village stating that the respondents have failed to comply with the order of the High Court to conduct the bye-elections for the post of Sarpanch in village "Bhamme Kalan Tehsil Sardulgarh District Mansa."

In 2019, the plea seeking directions to State for conducting the bye election was disposed in view of the submissions made by the counsel for the state, that a letter has been issued by Special Secretary, Punjab, Department of Rural Development and Panchayat to supply information regarding vacant seats of Sarpanches and it is already decided that "the elections shall be conducted after bye-elections of State Assembly."

While noting that "according to him, needful is being done expeditiously", the plea was disposed of.

In 2021, the petitioners filed the contempt petitions stating that, "That till today the Post of Sarpanch of village... District Mansa is lying vacant and the Respondents had not conducted by-elections."

The Respondents have violated the Punjab provisions of Section 22 of the Panchayati Raj Act 1994 and thereafter they had mislead Court by giving the giving false averments, the plea added.

In January another application was filed in which the Court noted that, the position fell vacant in the month of December, 2018. "However, till now and despite earlier orders being made by this Court, to ensure the forthwith holdings of elections, to the Office of Sarpanch."

"the State of Punjab, has shown the utmost indolence and lethargy, in ensuring the democratic functioning of the Panchayat concerned, through its ensuring that through validly conducted elections, the Sarpanch of the Gram Panchayat concerned, becomes elected," it added.

Adding that "though it appears that in the year subsequent to 2018, on account of eruption of pandemic, there may have been a good reason with the State of Punjab, to not hold elections to the office of Sarpanch of the Gram Panchayat concerned," the bench said "but yet when the pandemic eased in the mid of the year 2021, yet even in the said year, no steps were taken by the State of Punjab, to ensure that the elections to the office of Sarpanch of the Gram Panchayat concerned rather become held."

The application was disposed in January, with the "firm directions" to ensure that the elections to the office of Sarpanch of the Gram Panchayat concerned, are concluded "within a period of two months from today." 

In the last order, the Court directed the State Election Commissioner, Punjab to "remain personally present before this Court on the next date of hearing; unless the schedule for election for Gram Panchayats is produced before this Court."

In pursuance of the directions, the State Commissioner was present however, the schedule was not submitted.

In the present proceeding while noting that "some more time to address the arguments," is sought, the Court adjourned the matter subject to payment of Rs.50,000/- as costs to be deposited with the Punjab and Haryana High Court Lawyers Welfare Fund, by the State Election Commissioner, Punjab.

The case is now deferred to December 18, for further proceedings.

Appearance: Advocates P.S. Sekhon, Advocate and Robindeep Singh Bhullar, Advocate,

for the petitioners.

Navdeep Chhabra, Sr. DAG for Punjab.

Case Title: Jaswinder & Anr. v. Bhupinder Singh& Ors.

Click here to read/download the order