IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 227 of 2009
DATE OF DECISION: January 31, 2009
Jasbir Kaur .........PETITIONER(S)
VERSUS
State of Punjab and Others ......RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
Present: Mr. S.S. Brar Advocate,
for the petitioner.
Mr. K.S. Sidhu, DAG, Punjab.
Mr. Gulshan Sharma, Advocate,
for respondent no. 3.
AJAI LAMBA, J. (ORAL)
When the matter was taken up on 09.01.2009, the following order
was passed:-
“The State Election Commission issued a notification
on 1.1.2009 giving the election program for conducting election
to the office of Panch of Gram Panchayat, village Soos.
It has been contended by the learned counsel that the
petitioner, in pursuance of the notification, filed her nomination
paper for contesting the election. The last date for filing of
nomination paper was 6.1.2009. The nomination paper was
accepted by the Returning Officer. Respondent No.3, however did
not file the nomination paper. On 6.1.2009, however, without
CWP No. 227 of 2009 -2-assigning any reason, the election program has been postponed.
The petitioner made a representation on 7.1.2009.
Contention of learned counsel is that the State Election
Commission was confronted with the facts, however, verbally it
has been said that the order of postponement shall not be
interfered with.
Issue notice of motion for 31.1.2009.
Respondent No.2, in the meantime, is directed to take a
decision on representation dated 7.1.2009 and place it before this
Court on the next date of hearing.”
Learned counsel for the respondent-State has pointed out that the
State Election Commission, Punjab has sent a communication dated
27.01.2009. The representation made on behalf of the petitioner has been
decided. The following is the operative part of the memo:-
“It is further relevant to mention that State Election
Commission has already decided vide Memo No. SEC-PE-SAP-
2008/16000-16019 dated 21.01.2009 that in all the cases where
the election scheduled to be held on 18.01.2009 was postponed
on account of various reasons, the election is likely be held with
the date of poll as 15.02.2009 with the start of process of
nomination papers from 02.02.2009. Election notification in this
behalf is likely to be issued on 02.02.2009.”
In view of the above, learned counsel for the petitioner states that
no cause of action remains.
CWP No. 227 of 2009 -3-
Disposed of as infructuous as the elections have been scheduled
for 15.02.2009.
31.01.2009 (AJAI LAMBA) shivani JUDGE