IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18373 of 2008 DATE OF DECISION : 23.10.2008 Karnail 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. Rameshwar Malik, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is one of the defeated candidates for the post of Panch of Gram Panchayat, Village Dhilwan Dakhan, Tehsil Tapa, District Barnala, reserved for Scheduled Caste category, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.4 as Panch against the said reserved seat. It is case of the petitioner that respondent No.4 who belongs to Nai Sikh caste, a Backward Class category, was wrongly permitted to contest the election of Panch against the seat reserved for Scheduled Caste category. Though with the petition, no notification showing that Nai Sikh caste is a Backward Class category has been annexed, but an averment has been made on the basis of an FIR that the said caste falls under the CWP No. 18373 of 2008 -2- Backward Class category. Be that as it may, since the petitioner is questioning the election of respondent No.4 as Panch on the ground that his nomination paper against the seat reserved for Scheduled Caste was wrongly accepted, therefore, in our opinion, the petitioner can challenge the election of respondent No.4 only by filing election petition, which remedy has admittedly not been availed by the petitioner. Therefore, we are not inclined to entertain this petition. Dismissed, with liberty to the petitioner to avail the remedy of election petition in accordance with law. ( SATISH KUMAR MITTAL ) JUDGE October 23, 2008 ( JASWANT SINGH ) ndj JUDGE