IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13470 of 2008 DATE OF DECISION : 22.08.2008 Bhim Sen and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Surender Dhull, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who are Panches of Gram Panchayat, Village Khatera, Tehsil Fazilka, District Ferozepur, have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of Rajinder Kumar as Sarpanch, on the ground that the petitioners were not permitted to participate in the proceedings for the election of Sarpanch. It has been further alleged that said Rajinder Kumar 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 CWP No. 13470 of 2008 -2- 2008, decided on August 22, 2008), has held that in view of Clause (b) of 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