Dyal Dass And Others vs Punjab State Election Commission on 22 August, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                    C.W.P. No. 13714 of 2008
                                          DATE OF DECISION : 22.08.2008

Dyal Dass and others
                                                            .... PETITIONERS
                                    Versus
Punjab State Election Commission, Chandigarh and others

                                                         ..... RESPONDENTS

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


Present:     Mr. B.S. Baath, Advocate,
             for the petitioners.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners have 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 Jallalpur, Block Kahnuwan,

Tehsil and District Gurdaspur, being illegal null and void, on the ground

that the said election is political motivated, because initially petitioner No.1

was declared elected as Sarpanch, but lateron, respondent No.3 with

malafide intention declared respondent No.4 as Sarpanch. It has been

further alleged that respondent No.4 has been wrongly declared elected as

Sarpanch, in spite of the fact that the petitioners were in majority.

After arguing for some time, counsel for the petitioners states

that in view of the disputed questions of facts raised in this writ petition and
CWP No. 13714 of 2008 -2-

further 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

Section 89 of the Act, the petitioners 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Dismissed as withdrawn with the aforesaid liberty.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 petitioners 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