IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.6368 of 2009 Date of Decision: April 28, 2009 Gurjeet Kaur & Others .....PETITIONER(S) VERSUS The Election Tribunal –cum- Additional Deputy Commissioner, Mansa & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. A.D.S. Jattana, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) Learned counsel contends that the Gram Panchayat is constituted of seven members out of whom, four are from Congress Party who have approached this Court. Three members are from SAD- BJP Group. Despite such being the facts, Sarpanch from the SAD-BJP Group was elected by means of an illegal election process. An election petition has been filed 9 months back. Evidence has been concluded, however, the final verdict is not being given. Learned counsel contends that as per provisions of Chapter XII of the Punjab State Election Commission Act, 1994 (for short, `the Act’), election petition is required to be disposed of preferably within six months. Learned counsel contends that although evidence has CWP No.6368 of 2009 [2] been concluded, however, the petition is not being disposed of, possibly under the political pressure for the reasons given hereinabove. This petition can be disposed of without issue of notice of motion. The election petition in this case was filed on 13.9.2008. As per the case set up on behalf of the petitioner, entire evidence has been concluded. Provisions of Sub-Section (5) and Sub-Section (6) of Section 80 of the Act read as under:- “(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial be continued from day-to-day until the conclusion, unless the Election Tribunal finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. (6) Every election petition shall be tried as expeditiously as possible and every endeavour shall be made to conclude the trial within a period of six months from the date on which the election petition is presented to the Election Tribunal for trial.” Considering the statutory provisions, it is directed that final decision would be taken on the election petition titled ‘Gurjeet Kaur & Others vs. Nirmal Singh’, in relation to election of Sarpanch of village Naharan, Tehsil Sardulgarh, District Mansa, pending before the Election Tribunal, Mansa, within two months of receipt of a copy of this order. (AJAI LAMBA) April 28, 2009 JUDGE avin