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

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                    C.W.P. No. 13751 of 2008
                                          DATE OF DECISION : 22.08.2008

Hira Singh and others
                                                            .... PETITIONERS
                                    Versus
The State of Punjab and others

                                                         ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
             HON'BLE MRS. JUSTICE DAYA CHAUDHARY


Present:     Mr. H.S. Dhillon, Advocate,
             for the petitioners.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are Panches of Gram Panchayat Village

Wadala Johal, Tehsil and District Amritsar, have filed this petition under

Articles 226/227 of the Constitution of India, for setting aside the election

of respondent No.8 as Sarpanch vide notification Annexure P-11, on the

ground that he has been declared elected without holding the election. It has

been further alleged that respondent No. 8 has been wrongly declared

elected as Sarpanch, in spite of the fact that the petitioners were in majority.

In this petition, the disputed questions of facts have been

raised, which cannot be gone into in the writ jurisdiction of this Court. This

Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of

2008, decided on August 22, 2008), has held that in view of Clause (b) of
CWP No. 13751 of 2008 -2-

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. In the facts and

circumstances of the case, no exceptional case is made out to invoke the

extra ordinary powers of this Court under Article 226 of the Constitution of

India for setting aside the election of Sarpanch. Thus, we do not find any

ground to entertain this petition.

Dismissed.

However, it will be open for the petitioners to avail the remedy

of election petition under section 76 read with section 89 of the Act. 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