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2020 DIGILAW 1871 (PNJ)

Dona Singh v. State of Punjab

2020-10-16

FATEH DEEP SINGH

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Judgment Mr. Fateh Deep Singh, J. (Oral):- The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID-19. 2. Petitioner Dona Singh has come in this civil writ petition under Articles 226/227 of Constitution of India seeking issuance of a writ in the nature of certiorari for quashing of order dated 10.07.2020 (Annexure P-1), whereby, an Administrator had been appointed by respondent No. 2-District Development and Panchayat Officer, Ferozepur, District Ferozepur to manage the affairs of the Gram Panchayat and administer it. The petitioner claims that he is Sarpanch of the Gram Panchyat village Kamalwala, Block Makhu, District Ferozepur. It is during the course of events, the petitioner came to know that vide order dated 10.07.2020 (Annexure P-1) respondent No.4- Social Education and Panchayat Officer, Block Makhu, District Ferozepur has been appointed as Administrator to run the affairs of the Panchayat and its funds in terms of Section 200 of the Punjab Panchayati Raj Act, 1994 (hereinafter to be referred as ‘the Act’) and which has sought to be challenged in this petition. 3. It is fairly conceded by the petitioner counsel Mr. Baldev S. Sidhu that till date, he did not file any representation to the State Government to challenge the order dated 10.07.2020 (Annexure P-1) where in terms of Section 201 of the Act power vests with the State Government to call for and examine record of proceedings including such an order. 4. In the light of the same, directly filing of writ petition is inappropriate. Petitioner ought to have first filed his representation before the State Government in terms of Section 201 of the Act and, thereafter, come up before this Court in case of any eventuality. By not doing so has failed to exhaust the departmental remedies as laid in the Act and is against judicial tenets. 5. The petition as such stands dismissed on that score at preliminary hearing.