IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 13826 of 2008
DATE OF DECISION : 22.08.2008
Jasvir Singh and others
.... PETITIONERS
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. Mansur Ali, Advocate,
for the petitioners.
***
SATISH KUMAR MITTAL , J. ( Oral )
The petitioners have filed this petition under Articles 226/227
of the Constitution of India, for setting aside the election of respondent
No.5 as Sarpanch of Gram Panchayat, Village Nagar, Block Sanour, Tehsil
and District Patiala, being illegal null and void, on the ground that he
wrongly got declared himself as Sarpanch, despite the fact that on the first
meeting, the quorum of 2/3rd members, as required under Section 13-A of
the Punjab Panchayati Raj Act, 1994, was not complete. It has been further
alleged that by fraud, respondent No.5 took the signatures of petitioner No.2
on the proceeding book.
After arguing for some time, counsel for the petitioners states
that in view of the disputed questions of facts raised in this writ petition and
CWP No. 13826 of 2008 -2-
further in view of the decision of this Court in Baljit Singh v. State of
Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008),
wherein it has been held that in view of Clause (b) of Article 243-O of the
Constitution of India and Section 76 of the Punjab State Election Act, 1994
(hereinafter referred to as `the Act’), election of Sarpanch is to be challenged
by filing an election petition under section 76 on the grounds mentioned in
Section 89 of the Act, the petitioners may be permitted to withdraw this
petition with liberty to avail the remedy of election petition.
Dismissed as withdrawn with the aforesaid liberty.
However, if the election petition is filed by the petitioners in
accordance with law, the Election Tribunal is directed to decide the same
expeditiously.
( SATISH KUMAR MITTAL )
JUDGE
August 22, 2008 ( DAYA CHAUDHARY )
ndj JUDGE