Kaushalya Bai And Others vs State Of Punjab And Others on 21 August, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                  C.W.P. No. 14692 of 2008
                                         DATE OF DECISION : 21.08.2008

Kaushalya Bai and others
                                                          .... PETITIONERS
                                   Versus
State of Punjab and others

                                                       ..... RESPONDENTS

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


Present:    Mr. G.S. Ghuman, Advocate, for
            Mr. R.S. Rana, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners have filed this petition under Articles 226/227

of the Constitution of India, challenging the election of respondents No.7

and 8 as Panches of Gram Panchayat, Village Parbhat Singh Wala Uttar,

Tehsil Jalalabad, District Ferozepur, on the ground that they did not file any

nomination paper but have been illegally declared elected being unopposed.

After hearing counsel for the petitioners, we are of the opinion

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’), the election of Panch can only be challenged by

filing election petition, which can be filed under Section 76 read with
CWP No. 14692 of 2008 -2-

Section 89 of the Act.

Dismissed.

However, it will be open for the petitioners to avail the said

remedy.

                                      ( SATISH KUMAR MITTAL )
                                               JUDGE


August 21, 2008                          ( DAYA CHAUDHARY )
ndj                                             JUDGE