IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13940 of 2008 DATE OF DECISION : 25.08.2008 Kulwant Kaur .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. H.S. Kamboj, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is Panch of Gram Panchayat, Village Gander, Tehsil and District Muktsar, has filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.4 as Sarpanch of Gram Panchayat, Village Gander, Tehsil and District Muktsar, being illegal, null and void, on the ground that she has been wrongly declared elected in the meeting convened for the said purpose on 22.7.2008. This Court in Baljit Singh v. State of Punjab and other (CWP No. 13643 of 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 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as CWP No. 13940 of 2008 -2- `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 petitioner 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 petitioner in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE August 25, 2008 ( JASWANT SINGH ) ndj JUDGE