Elected Sarpanch cannot claim equation with Members of Parliament or Legislative Assembly: Punjab & Haryana High Court

Read Order: Krishan Kumar And Others v. State Of Haryana And Others 

Monika Rahar

Chandigarh, March 7, 2022: While dealing with a Writ Petition filed by the elected office bearers (Sarpanch) of various Gram Panchayats against an Honorarium amount announced by the State Government, the Punjab and Haryana High Court has held that an elected Sarpanch is paid an Honorarium which he cannot claim as a matter of right and the same depends upon the policy decision taken by the Government at the relevant time

The Bench of Justice Anil Kshetarpal also observed that the Sarpanch is not an employee and as such cannot claim the equation with the Members of Parliament or the Members of Legislative Assembly.

Also, the Court adjudged that a writ cannot be issued in the absence of a well established right. 

The Court was dealing with Writ Petitions filed by the elected office bearers (Sarpanch) of the various Gram Panchayats. The Government of Haryana ordered payment of Rupees Three Thousand per month as Honorarium to each Sarpanch by a notification dated September 12, 2016. 

The petitioner’s counsel contended that the amount was on the lower side and they were not paid various allowances, medical facilities, pension etc., whereas, the Members of Legislative Assembly and Members of Parliament were granted various other allowances. The Counsel relied upon Section 199 of the Haryana Panchayati Raj Act, 1994 (Payment of honorarium and allowances). 

The Court observed that the elected Sarpanch was paid an Honorarium which he could not claim ‘as a matter of right’ and that it depended upon the policy decision taken by the Government at the relevant time. 

Hence, finding no ground to issue the writ, the Court dismissed the Petition.