IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 10129 of 2008 DATE OF DECISION : 25.09.2008 Smt. Charan Kaur and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. G.P. Vashist, Advocate, for the petitioners. Mr. N.D.S. Mann, Addl. A.G., Punjab, for respondents No.1 and 2. Mr. S.K. Sandhir, Advocate, for respondent No.5. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Articles 226/227 of the Constitution of India for quashing the notifications dated 27.2.2008, 11.4.2008 and 13.5.2008, issued by respondents No.1 and 2, to conduct the general elections of members of the Gram Panchayats in Punjab, on variouis grounds, and for issuing of direction to conduct afresh elections after carving out slabs/constituencies in the Panchayat area of village Bahadurke, Tehsil and District Ludhiana. This petition was filed after the conduct of elections and declaration of results. The elections were held on 26.5.2008. It CWP No. 10129 of 2008 -2- is the further case of the petitioners that counting of the votes was not properly done, therefore, respondent No.6 Gurbachan Kaur was illegally elected as Panch. We have heard learned counsel for the parties. During the course of hearing, keeping in view the disputed questions of facts raised by the petitioners and the fact that the elections have already taken place, learned counsel for the petitioners states that the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition under section 76 read with Section 89 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act'). Learned counsel for the petitioners further submits that since immediately after the election of the Gram Panchayat on 26.5.2008, the petitioners had approached this Court and filed the present writ petition on 29.5.2008, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, the petitioners may be permitted to file election petition within four weeks from today and in case election petition is filed within four 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 petitioners to withdraw this writ petition with liberty to file an election petition, within a period of four weeks from today, under Section 76 read with Section 89 of CWP No. 10129 of 2008 -3- the Act, challenging the election of respondent No.6. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioners within a period of four weeks from today, the Election Tribunal is directed to entertain and decide the same on merits, expeditiously. ( SATISH KUMAR MITTAL ) JUDGE September 25, 2008 ( JASWANT SINGH ) ndj JUDGE