High Court Punjab-Haryana High Court

Gurpreet Kaur And Others vs State Of Punjab And Others on 28 August, 2008

Punjab-Haryana High Court
Gurpreet Kaur And Others vs State Of Punjab And Others on 28 August, 2008
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                               C.W.P. No. 13775 of 2008
                                         DATE OF DECISION : 28.08.2008

Gurpreet Kaur and others
                                                           .... PETITIONERS
                                   Versus
State of Punjab and others
                                                        ..... RESPONDENTS

CORAM :- HON’BLE MR. JUSTICE SATISH KUMAR MITTAL
HON’BLE MR. JUSTICE JASWANT SINGH

Present: Mr. Veneet Sharma, Advocate, for the petitioners.

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are Panches of Gram Panchayat, Village

Fatehpur Rajputan, Block Jandiala Guru, Tehsil and District Amritsar, have

filed this petition under Articles 226/227 of the Constitution of India, for

issuing direction to respondents No.1 to 4 to notify the name of petitioner

No.1 as Sarpanch of the aforesaid Gram Panchayat, being in majority i.e.

having support of 5 Panches out of total 9 Panches.

It has been stated in the petition that initially, the meeting for

election of Sarpanch was held on 12.7.2008, but due to incomplete quorum,

the meeting was adjourned. Counsel for the petitioners submits that in the

second meeting held on 29.7.2008, respondent No.6 was declared elected as

Sarpanch of the aforesaid Gram Panchayat. It is the case of the petitioners

that the said meeting was totally contrary to the guidelines issued by this

Court in CWP No. 12694 of 2008, titled as Gurmeet Singh versus State of

Punjab and others, decided on July 23, 2008, and respondent No.6 was

illegally elected. It is the further case of the petitioners that they were not
CWP No. 13775 of 2008 -2-

allowed to attend the said meeting for election of Sarpanch of the aforesaid

Gram Panchayat.

After hearing counsel for the petitioners and going through the

contents of this petition, we are of the opinion that 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 Article 243-O of the Constitution of

India and Section 74 of the Punjab State Election Commission 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 28, 2008                             ( JASWANT SINGH )
ndj                                               JUDGE