Balbir Singh And Others vs State Of Punjab And Others on 3 October, 2008

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                          C.W.P. No.13197 of 2008

                          DATE OF DECISION: OCTOBER 03, 2008

Balbir Singh 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.Harvinder Kumar, Advocate,
            for the petitioners.

            Mr.M.S.Sindhu, Addl.A.G.,Punjab,
            for the respondents.
                   ..


SATISH KUMAR MITTAL, J.

The petitioners, who were elected as Panches of Gram

Panchayat of Village Chak Bange Wala from General Category, have filed

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

issuance of a writ in the nature of Prohibition restraining the respondents

to hold the election of the Sarpanch of the Gram Panchayat till the seventh

Panch is elected.

We have heard the arguments of the learned counsel for the

parties.

In a similar case, this Court in CWP No.13418 of 2008, titled

as “Jagtar Singh Versus State of Punjab and others”, decided on September
C.W.P. No.13197 of 2008 -2-

22, 2008 has held that the election of the Sarpanch of the Gram Panchayat

cannot be kept in abeyance merely on the ground that out of seven Panches

of the Gram Panchayat, one post of Panch remained vacant due to non-

availability of a candidate. It has been further held therein that the election

of all the Panches, who have been elected, cannot be kept pending for

notification until all seats of the Panches are filled up as it may result into

non-functioning of the Gram Panchayat. Further, if the election of the

Panches, who have been elected in the election, has been notified and they

have been administered oath or affirmation, the election of Sarpanch of

the Gram Panchayat also cannot be kept in abeyance only on the ground

that one seat of Panch of the Gram Panchayat is yet to be filled up.

In view of the above, we do not find any merit in this petition

and the same is hereby dismissed.

                                       (SATISH KUMAR MITTAL)
                                                JUDGE



October 03, 2008                          ( JASWANT SINGH )
vkg                                             JUDGE