Davinder Kaur 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. 13654 of 2008
                                          DATE OF DECISION : 22.08.2008

Davinder Kaur 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. Deepak Nayar, 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 directing the official respondents to declare

petitioner No.4 as an elected Sarpanch of Gram Panchayat, Village Lahori

Mal, Khatera, Tehsil and District Amritsar.

During the course of arguments, learned counsel for the

petitioners states at bar that now, respondent No.5 has been illegally

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
CWP No. 13654 of 2008 -2-

2008, decided on August 22, 2008), has 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. 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