Punjab-Haryana High Court
Hira Singh And Others vs The State Of Punjab And Others on 22 August, 2008
Bench: Satish Kumar Mittal, Daya Chaudhary
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 13751 of 2008
DATE OF DECISION : 22.08.2008
Hira Singh and others
.... PETITIONERS
Versus
The State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. H.S. Dhillon, Advocate,
for the petitioners.
***
SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who are Panches of Gram Panchayat Village Wadala Johal, Tehsil and District Amritsar, have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.8 as Sarpanch vide notification Annexure P-11, on the ground that he has been declared elected without holding the election. It has been further alleged that respondent No. 8 has been wrongly declared elected as Sarpanch, in spite of the fact that the petitioners were in majority.
In this petition, the disputed questions of facts have been raised, which cannot be gone into in the writ jurisdiction of this Court. This Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), has held that in view of Clause (b) of CWP No. 13751 of 2008 -2- Article 243-O of the Constitution of India and Section 76 of the Punjab State Election 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. In the facts and circumstances of the case, no exceptional case is made out to invoke the extra ordinary powers of this Court under Article 226 of the Constitution of India for setting aside the election of Sarpanch. Thus, we do not find any ground to entertain this petition.
Dismissed.
However, it will be open for the petitioners to avail the remedy of election petition under section 76 read with section 89 of the Act. If the election petition is filed by the petitioners in accordance with law, the Election Tribunal is directed to decide the same expeditiously.
( SATISH KUMAR MITTAL )
JUDGE
August 22, 2008 ( DAYA CHAUDHARY )
ndj JUDGE