Charanjit Kaur Panch vs State Of Punjab And Others on 1 September, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 15360 of 2008
                                         DATE OF DECISION : 01.09.2008

Charanjit Kaur Panch
                                                            .... PETITIONER
                                   Versus
State of Punjab and others

                                                        ..... RESPONDENTS

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


Present:    Mr. Veneet Soni, Advocate,
            for the petitioner.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who is Panch of Gram Panchayat, Village Qilla

Jiwan, Block Jandiala Guru, Tehsil and District Amritsar, has filed this

petition under Articles 226/227 of the Constitution of India, for setting aside

the election of respondent No.7 as Sarpanch of the aforesaid Gram

Panchayat, on the ground that she has been illegally elected as Sarpanch,

without there being any majority in her favour.

After hearing counsel for the petitioner 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),
CWP No. 15360 of 2008 -2-

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 petitioner 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 petitioner in accordance with law, the

Election Tribunal is directed to decide the same expeditiously.

                                         ( SATISH KUMAR MITTAL )
                                                 JUDGE


September 01, 2008                          ( JASWANT SINGH )
ndj                                               JUDGE