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TMI Blog1969 (10) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... year. On July 31, 1968, a fresh election of the Sarpanch was held. The petitioner was elected the Sarpanch. On September 2, 1968, the election of Champalal as Sarpanch was notified. On September 18, 1968, however, the Collector directed that Champalal should not be given charge of the Sarpanch. On October 14, 1968, the Collector revoked his order and directed that the charge of Sarpanch be given to Champalal. On October 17, 1968, the Collector's order reached the Gram Panchayat. On October 30, 1968, a formal charge was handed over by Ejaz Ahmed to Champalal. However, in the meantime, on October 15, 1968, 10 Panchas resigned their office by giving notice in writing to Ejaz Ahmed. This is the bone of contention. When Champalal came to know that certain Panchas had resigned, he tried to find out the resignations, but he could not lay his hands on the resignation papers in the office and he was told that the papers had been sent to the Collector. He wrote to the latter to send the resignations to the Panchayat office but they were not returned. Champalal then wrote to the Panchas to confirm their resignations. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-section (2) of Section 19 reads thus:-- (2) The first meeting shall be held within one month of the date on which the election, appointment or co-option, as the case may be, whichever was last declared. It is at the first meeting which has to be held as required by Section 19 (2) that a Sarpanch and Up-Sarpanch must be elected. Section 21 reads thus :-- 21 (1) Every Gram Panchayat shall at its first meeting elect from amongst its members a Sarpanch and an Up-Sarpanch. (2) If the Gram Panchayat fails to elect a Sarpanch or an Up-Sarpanch in accordance with this section, the Collector may, by order, direct the Gram Panchayat to elect the Sarpanch or the Up-Sarpanch within the period specified therein and on failure of the Gram Panchayat to do so, appoint any person eligible under Sub-section (1) to fill the vacancy. (3) The State Government may make rules for regulating the mode and time of election or appointment of the Sarpanch and the Up-Sarpanch. Section 20 of the Act enacts that every election, appointment and co-option of a Panch, Sarpanch and Up-Sarpanch shall be notified by the Collector in the prescribed ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew Sarpanch is notified. The provisions make it abundantly clear that the entering into office by the now Sarpanch is simultaneous with the cessation of the continuance by the outgoing Sarpanch to carry on current duties of his office. There is no gap between the two. As soon as the election of the new Sarpanch is notified, the outgoing Sarpanch ipso facto ceases to have any power to carry on current duties of the office; so also the newly elected Sarpanch ipso facto enters upon his office. The provisions which relate to handing over of the charge of office by the outgoing Sarpanch to the newly elected Sarpanch, are in relation to the formal and physical handing over of the charge as contradistinguished from the assumption of office. The word office is used in different senses and in each case that meaning must be assigned to it which conforms with the language used in the enactment and its object. In 67 CJS 90, it is stated :-- The word 'office' in one sense, is defined as meaning the building, room, or department in which the clerical work of an establishment is done. In a different sense, the word is defined as meaning that which is performed, or int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioning by the new Sarpanch, until he is forcibly ousted under Sub-section (3). That does not appear to be either the policy of the law, nor does it fit in with the scheme of the language of these provisions. The result of the above discussion is that:-- (1) A Sarpanch newly elected under Section 21 of the Act enters upon his office not by virtue of the declaration of the result of his election under Section 21, but on his election being notified under Section 20. (2) As soon as his election is notified, there is ipso facto assumption of office by the new Sarpanch. (3) Although the term of office of the outgoing Sarpanch also comes to an end as soon as the election of new Sarpanch is declared , he continues to carry on the current duties of his office until the election of the new Sarpanch is notified. But as soon as the election of the new Sarpanch is notified, the outgoing Sarpanch becomes functus officio completely. (4) The charge which has to be handed over by the outgoing Sarpanch to the new Sarpanch under Section 22 (3) is a formal and physical charge of office in the tangible sense along with all papers and property in his possession as such Sarpanch. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. The relevant portion reads thus :-- (2) Subject to the provisions of this Act and the rules made thereunder:-- (ii) the Up-Sarpanch shall-- (a) in the absence of the Sarpanch preside over and regulate the meeting of the Gram Sabha and the Gram Panchayat; (b) exercise such of the powers and perform such of the duties of the Sarpanch as the Sarpanch may, from time to time delegate in writing to him; (c) pending the election of the Sarpanch or in case the Sarpanch has been continuously absent from the village for more than fifteen days or is incapacitated, exercise the powers and perform the duties of the Sarpanch. (Underlined by us). By virtue of the above provision, where a Sarpanch is incapacitated, the Up-Sarpanch shall exercise the powers and perform the duties of the Sarpanch. It must, therefore, be held that the resignations of the Panchas delivered to Ejaz Ahmed, Up-Sarpanch, took effect from that date. Learned Additional Government Advocate then urged that Champalal ceased to be incapacitated as soon as the Collector passed his order dated October 14, 1969. We are unable to accept this contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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