Bare ActsThe punjab panchayati raj act, 1994

Section 216

Liability of members of Panchayats

Amendment status not verified — confirm the current text below against the official source.

Liability of members of Panchayats.-- (1) Every member of a Panchayat shall be liable for the loss, waste or misapplication of any money or property belonging to the Panchayat, if such loss, waste or misapplication is a consequence of his neglect or misconduct while such member and shall also be liable to pay interest at the prescribed rate, from 142 THE PUNJAB PANCHAYATI RAJ ACT, 1994 any time more particularly when land is. under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB). Unauthorised possession -- Suspension of Sarpanch — Mathematical precision with regard to an encroachment of a small piece of land cannot be made the basis for suspension of a Sarpanch - Even if it is taken to be correct that the petitioner had encroached upon an area of 5 Biswasi of Khasra No. 440, such a mistake can occur at any time more particularly when land is under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB). Power of State Government to direct holding of general elections.-- (1) Notwithstanding anything contained in this Act or rules made thereunder, the State Government may, by notification, direct that a general election of the members of the Panchayats shall be held by such yy date as may be specified in the notification and different dates may be specified for elections for different Panchayats or group or groups thereof: Provided that the power of issuing direction under sub-section(1) may be exercised by the State Government at any time even though a period of five years has not yet expired since the holding of the last election. (2) As soon as a notification is issued under sub-section (1), the Election Commissioner shall take necessary steps for holding such election. / 20. Election Commission to conduct Panchayat election.-- The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Panchayats, shall be vested in the Election Commission. Comments Election of Panchayat -- Panchayat constitutes the Panches as well as the Sarpanch -- Merely because meeting of the Panches is being convened by the Deputy Commissioner under Section 13-A of the Panchayati Raj Act does not mean that the State Election Commission has no control over the election of the Sarpanch -- Provisions of the Election Commission Act are applicable to the election of the Sarpanch. Baljit Singh v. State of Punjab and others, 2008(2) L.A.R. 277 (P&H DB). Power of Election Commission -- General superintendence of the Chief State Election Officer as not to be pervasive enough to include even a power to countermand an election - Order of State Election Commissioner, countermanding the election is liable to be quashed. Sumit Singh v. State of Punjab and others, 20702) L.A.R. 128 (P&H).

Section 216 – The punjab panchayati raj act, 1994 | DailyLaw.ai