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2000 DIGILAW 521 (PNJ)

Rulda Singh v. Kishore Chand

2000-05-15

K.S.JANJUA

body2000
ORDER K.S. Janjua, F.C. - This revision petition relates to appointment of Lambardar of village Balachaur, Tehsil Balachaur, District Nawanshahar. 2. When the proclamation to appoint Lambardar was made in the village, Rulda Singh, Sudarshan Chand, Kishore Chand and Satpal came up as candidates, Tehsildar Balachaur recommended the name of Rulda Singh and SDO(C) endorsed this recommendation. Sudarshan Singh is 39 years old, graduate, owns 36 kanals of land and is agriculturist by profession. Rulda Singh is 50 years old, owns 64 kanals of land. He can read and write Punjabi. He is Vice Patron of District Red Cross Society and seems to have done a lot of social service. Kishore Chand is 25 years old, is graduate and is son of deceased Lambardar and owns 70 kanals of land. 3. District Collector while assessing the merits of the candidates recorded that Kishore Chand is already a Lambardar of nearby village (Lalpur). Kishore Chand was also considered to be younger. District Collector found Rulda Singh a better candidate. 4. Kishore Chand appealed against this order. Commissioner viewed that earlier Lambardar was from Rajput community and Patti belongs to Rajputs. Rulda Singh was a Saini and, therefore, his case was discarded. 5. When the case was argued before me, the petitioners and respondents counsel claimed merits in favour of their candidates. The basic question to be determined here is whether one person can be appointed Lambardar of two villages. Admittedly Kishore Chand is Lambardar of village Lalpur and is aspirant for the post of Lambardar in village Balachaur. Kishore Chand has to first cross this hurdle. There is no specific bar in law against appointment of one person as Lambardar of two villages but such abnormal situation should not be allowed to arise. It is not desirable to have one person retaining lambardari of two villages. One person cannot be a resident of or voter in two villages. He may own land in two revenue estates but will not qualify for two posts by any stretch of imagination. In fact lambardari of one Village/Patti should be taken as definite disqualification for consideration of that person for appointment as Lambardar in another Village/Patti. Such person should be rules out of consideration for a second lambardari. 6. This being the position, the petition succeeds. Rulda Singh who was appointed by Collector will continue as Lambardar of Balachaur. In fact lambardari of one Village/Patti should be taken as definite disqualification for consideration of that person for appointment as Lambardar in another Village/Patti. Such person should be rules out of consideration for a second lambardari. 6. This being the position, the petition succeeds. Rulda Singh who was appointed by Collector will continue as Lambardar of Balachaur. Order of Commissioner (30.9.1996) is set aside and order of District Collector (22.9.1995) prevails. Announced. Petition accepted.