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1 - 6 of 6 (0.19 seconds)Section 89 in The Punjab State Election Commission Act, 1994 [Entire Act]
Baljit Singh vs State Of Punjab And Others on 22 August, 2008
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.
Danda Rajeshwari vs Bodavula Hanumayamma & Ors on 30 July, 1996
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.
Article 243O in Constitution of India [Constitution]
Section 74 in The Punjab State Election Commission Act, 1994 [Entire Act]
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