Gurvinder Singh And Others vs State Of Punjab And Others on 22 August, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 13874 of 2008
                                          DATE OF DECISION : 22.08.2008

Gurvinder 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. Sukhdeep S. Sandhu, Advocate,
             for the petitioners.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are Panches of Gram Panchayat Village

Tarkhanwala, Block and Tehsil Malout, District Muktsar, and are in

majority, have filed this petition under Articles 226/227 of the Constitution

of India, for setting aside the election of respondent No.8 as Sarpanch, on

the ground that in spite of the fact that the petitioners were present at the

time and place of the meeting held on 26.7.2008, they were not permitted to

attend the meeting and respondent No.8 was wrongly declared elected, even

though he was not having the majority.

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

further in view of the decision of this Court in Baljit Singh v. State of
CWP No. 13874 of 2008 -2-

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Dismissed as withdrawn with the aforesaid liberty.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