Bhupinder Kaur vs State Of Punjab And Others on 22 August, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                    C.W.P. No. 13749 of 2008
                                          DATE OF DECISION : 22.08.2008

Bhupinder Kaur
                                                             .... PETITIONER
                                    Versus
State of Punjab and others

                                                         ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
             HON'BLE MRS. JUSTICE DAYA CHAUDHARY


Present:     Mr. T.P.S. Bhatti, Advocate,
             for the petitioner.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner has filed this petition under Articles 226/227 of

the Constitution of India, for setting aside the election of respondent No.4

as Sarpanch of Gram Panchayat, Village Kotli Jamit Singh, Post Office

Isherwal, Tehsil and District Jalandhar, being illegal null and void.

After arguing for some time, counsel for the petitioner states

that in view of the decision of this Court in Baljit Singh v. State of Punjab

and others (CWP No. 13643 of 2008, decided on August 22, 2008),

wherein it has been 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
CWP No. 13749 of 2008 -2-

Section 89 of the Act, the petitioner may be permitted to withdraw this

petition with liberty to avail the remedy of election petition.

Dismissed as withdrawn with the aforesaid liberty.

However, if the election petition is filed by the petitioner 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