Hem Raj And Others vs State Of Punjab And Others on 25 August, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                    C.W.P. No. 12300 of 2008
                                          DATE OF DECISION : 25.08.2008

Hem Raj 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. Rajesh Gupta, Advocate,
             for the petitioners.

             Mr. N.S. Virk, Addl. A.G., Punjab,
             for respondents No.1 to 6.

             Mr. Mansur Ali, Advocate,
             for respondent No.7.

                   ***

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.7 as Sarpanch of Gram Panchayat, Village Panjola, Tehsil and District

Patiala, being illegal null and void, on the ground that he has been wrongly

declared elected in the meeting of Panches held on 15.7.2008. It has been

further alleged that respondent No.7 has been wrongly declared elected as

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

Reply on behalf of respondent No.7 has been filed in Court
CWP No. 12300 of 2008 -2-

today. The same is taken on record. Its copy has been handed over to

counsel for the petitioners.

After arguing for some time and on seeing the original record

produced in Court by respondent No.4, counsel for the petitioners states that

in view of the disputed questions of facts raised in this writ petition and

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 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, 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Dismissed as withdrawn with the aforesaid liberty.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 25, 2008                           ( JASWANT SINGH )
manoj/ndj                                       JUDGE