IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 11654 of 2009
Date of Decision: 12.8.2009.
Kulwant Singh and others --Petitioners
Versus
State of Haryana and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. Jagdish Manchanda, Advocate for the petitioner.
***
PERMOD KOHLI.J (ORAL)
Notice of motion.
Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept
notice on behalf of the respondents-State.
Respondent no.4 was elected as Sarpanch in the election held in
the year 2005. The petitioner challenged the election of respondent no.4 by
way of election petition before the Deputy Commissioner, Kurukshetra.
The Election Tribunal (Deputy Commissioner) decided the election petition
vide order dated 12.4.2006 (Annexure P-3) and declared respondent no.4 as
disqualified from contesting the election and ordered his removal. The
order passed by the Election Tribunal was challenged in an appeal and the
Appellate Authority has remanded the matter to the Election Tribunal.
While the matter is still pending before the Election Tribunal, the petitioner
has filed this petition for a writ of quo warranto for removal of respondent
no.4.
Admittedly, it is an election dispute and the question whether
respondent no.4 was eligible or disqualified for contesting election is
subjudiced before the competent forum.
CWP. No. 11654 of 2009 -2-
Under these circumstances, no writ of quo warranto is
maintainable. There is another prayer for a direction to the Election Tribunal
to decide the election petition. In so far the second prayer is concerned, this
petition is disposed of with a direction to respondent no.3 to dispose the
election petition pending before it expeditiously, preferably within four
months.
(PERMOD KOHLI)
JUDGE
12.8.2009
lucky