IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 14217 of 2008
ATE OF DECISION : 27.08.2008
Paramjit Singh
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Yogesh Goel, Advocate,
for the petitioner.
***
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner has filed this petition under Articles 226/227 of
the Constitution of India for setting aside the election of respondent No.5 as
Sarpanch of Gram Panchayat Village Malakpur, Tehsil Payal, District
Ludhiana, on the ground that respondent No.5 Jaswinder Kaur, has been
declared as Sarpanch, in spite of the fact that the office of Sarpanch of the
aforesaid Gram Panchayat was reserved for Scheduled Caste (Male).
After arguing for some time, counsel for the petitioner states
that in view of the disputed questions of facts raised in this writ petition and
urther 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
CWP No. 14217 of 2008 -2-
fConstitution 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 petitioner 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Dismissed as withdrawn with the aforesaid liberty.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 petitioner in
accordance with law, the Election Tribunal is directed to decide the same
expeditiously.
( SATISH KUMAR MITTAL )
JUDGE
August 27, 2008 ( JASWANT SINGH )
ndj JUDGE