Punjab-Haryana High Court
Paramjeet Kaur And Others vs The State Of Punjab And Others on 25 September, 2008
Bench: Satish Kumar Mittal, Jaswant Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 13427 of 2008
DATE OF DECISION : 25.09.2008
Paramjeet Kaur and others
.... PETITIONERS
Versus
The State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. R.S. Pandher, Advocate,
for the petitioners.
Mr. M.S. Sindhu, Addl. A.G., Punjab,
for respondents No.1 to 4.
Mr. A.K. Khunger, Advocate,
for respondents No.5 to 8.
***
SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who have been elected as Panches of Gram Panchayat Village Lubanian Wali, Tehsil and District Muktsar, have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.5 as Sarpanch of the aforesaid Gram Panchayat, on the ground that she has been declared elected, despite the fact that she is not having the majority in her favour.
Separate Replies on behalf of respondents No.1 and 2 and respondents No.3 and 4 have been filed in Court today. The same are taken CWP No. 13427 of 2008 -2- on record and copies thereof have been handed over to counsel for the petitioners.
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 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 immediately after the election of the office of Sarpanch on 24.7.2008, the petitioners had approached this Court and filed the present writ petition on 30.7.2008, 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 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.
After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioners to CWP No. 13427 of 2008 -3- withdraw this writ petition with liberty to file an election petition, within a period of three weeks from today, under Section 76 read with Section 89 of the Act, challenging the election of respondent No.5.
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 and decide the same on merits, expeditiously.
( SATISH KUMAR MITTAL )
JUDGE
September 25, 2008 ( JASWANT SINGH )
ndj JUDGE