IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 10565 of 2008 DATE OF DECISION: SEPTEMBER 11, 2008 Sukha Singh .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. Mandeep K.Sajjan, Advocate, for the petitioner. Mr.N.S.Virk, Addl.A.G., Punjab, for respondents No.1 to 4. Mr.C.M.Munjal, Advocate, for respondent No.5. .. SATISH KUMAR MITTAL, J. (Oral) After arguing for some time, counsel for the petitioner, in view of the preliminary objections taken in the written statement filed on behalf of respondents No.1 to 4, wants to withdraw this petition with liberty to file an election petition. However, counsel for the petitioner submits that since the election petition was to be filed within 45 days from the date of election of the office of Sarpanch and within the said limitation, the petitioner had approached this Court and filed the present writ petition, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 C.W.P. No. 10565 of 2008 -2- SCC 199, the petitioner 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. After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioner to withdraw this petition with liberty to file an election petition within three weeks under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994, challenging the election of respondent No.5. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioner within a period of three weeks from today, the Election Tribunal is directed to decide the same on merits expeditiously. (SATISH KUMAR MITTAL) JUDGE September 11, 2008 ( JASWANT SINGH ) vkg JUDGE