Pinki Devi And Others vs State Of Punjab And Others on 18 September, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 12508 of 2008
                                          DATE OF DECISION : 18.09.2008

Pinki Devi 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. H.S. Sethi, Advocate,
             for the petitioners.

             Mr. N.S. Virk, Addl. A.G., Punjab,
             for respondents No.1 to 3.

             Mr. Gopal Mahajan, Advocate,
             for respondent No.4.

                                ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who have been elected as Panches of Gram

Panchayat Village Bhani Millma, District Gurdaspur, 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 the aforesaid Gram Panchayat,

on the ground that she was illegally elected as Sarpanch, without having any

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

further in view of decision of this Court in Baljit Singh v. State of Punjab
CWP No. 12508 of 2008 -2-

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.

However, counsel for the petitioners further submits that since

the election petition was to be filed within 45 days from July 19, 2008, i.e.

the date of election of the office of Sarpanch and within the said limitation

on July 21, 2008, the petitioners had approached this Court and filed the

present writ petition, therefore, in view of decision of the Hon’ble Supreme

Court in Danda Rajeshwari v. Bodavula Hanumayamma and others,

(1996) 6 SCC 199, the petitioners may be permitted to file election petition

within a period of three weeks from today and in case election petition is

filed within three weeks, the same may be directed to be heard on merits by

the Election Tribunal. Counsel for the respondents state that they have no

objection, if the prayer made by counsel for the petitioners is accepted.

After hearing counsel for the parties and going through the

aforesaid judgment of the Supreme Court, we permit the petitioners to

withdraw this writ petition with liberty to file an election petition under

Section 76 read with Section 89 of the Act, challenging the election of
CWP No. 12508 of 2008 -3-

respondent No.4, within a period of three weeks from today.

Dismissed as withdrawn with the aforesaid liberty.

If the election petition is filed by the petitioners within a period

of three weeks from today, the Election Tribunal is directed to entertain the

same on merits and decide the same expeditiously.

                                        ( SATISH KUMAR MITTAL )
                                                JUDGE


September 18, 2008                         ( JASWANT SINGH )
ndj                                              JUDGE