IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14606 of 2008 DATE OF DECISION : 26.08.2008 Pargat Singh and others .... PETITIONERS Versus The State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.V.S. Chugh, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have 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 Khiva Khurd, Tehsil and District Mansa, being illegal, null and void, on the ground that he has been declared elected as Sarpanch, without conducting the elections. It has been further alleged that respondent No.4 has been declared elected, in spite of the fact that the petitioners were in majority. After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts raised in this writ petition and further in view of the decision of this Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), CWP No. 14606 of 2008 -2- wherein it has been 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 `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, the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition. Dismissed as withdrawn with the aforesaid liberty. However, 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 26, 2008 ( JASWANT SINGH ) ndj JUDGE