High Court Punjab-Haryana High Court

Kulwant Singh And Others vs State Of Haryana And Others on 12 August, 2009

Punjab-Haryana High Court
Kulwant Singh And Others vs State Of Haryana And Others on 12 August, 2009
IN THE HIGH COURT OF PUNJAB & HARYANA AT
              CHANDIGARH

                                             CWP. No. 11654 of 2009
                                             Date of Decision: 12.8.2009.

Kulwant Singh and others                                 --Petitioners

                         Versus

State of Haryana and others                              --Respondents

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-   Mr. Jagdish Manchanda, Advocate for the petitioner.

            ***

PERMOD KOHLI.J (ORAL)

Notice of motion.

Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept

notice on behalf of the respondents-State.

Respondent no.4 was elected as Sarpanch in the election held in

the year 2005. The petitioner challenged the election of respondent no.4 by

way of election petition before the Deputy Commissioner, Kurukshetra.

The Election Tribunal (Deputy Commissioner) decided the election petition

vide order dated 12.4.2006 (Annexure P-3) and declared respondent no.4 as

disqualified from contesting the election and ordered his removal. The

order passed by the Election Tribunal was challenged in an appeal and the

Appellate Authority has remanded the matter to the Election Tribunal.

While the matter is still pending before the Election Tribunal, the petitioner

has filed this petition for a writ of quo warranto for removal of respondent

no.4.

Admittedly, it is an election dispute and the question whether

respondent no.4 was eligible or disqualified for contesting election is

subjudiced before the competent forum.

CWP. No. 11654 of 2009 -2-

Under these circumstances, no writ of quo warranto is

maintainable. There is another prayer for a direction to the Election Tribunal

to decide the election petition. In so far the second prayer is concerned, this

petition is disposed of with a direction to respondent no.3 to dispose the

election petition pending before it expeditiously, preferably within four

months.

(PERMOD KOHLI)
JUDGE
12.8.2009
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