IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12118 of 2008 DATE OF DECISION: NOVEMBER 04, 2008 Krishana Bai 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. O.P.Kamboj, Advocate, for the petitioners. Mr.M.S.Sindhu, Addl.A.G.,Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners, who are elected Panches of the Gram Panchayat of Village Sado Ke Uttar, Tehsil Fazilka, District Ferozepur, have filed this petition under Articles 226/227 of the Constitution of India for issuing direction to the respondents not to hold the election of Sarpanch till all the seven Panches of the Gram Panchayat are duly elected and notified. Undisputedly, out of seven Panches, only six Panches have been elected. Their result have also been duly notified. One seat of Panch belonging to General Category is lying pending before the Election Tribunal. This controversy has already been decided by this Court in CWP No. 13418 of 2008, titled as “Jagtar Singh Versus State of Punjab and C.W.P. No. 12118 of 2008 -2- others”, decided on September 22, 2008, wherein it has been held that the election of the Sarpanch of the Gram Panchayat cannot be kept in abeyance merely on the ground that out of seven Panches of the Gram Panchayat, one post of Panch remained vacant due to non-availability of a candidate. It has been further held therein that the election of all the Panches, who have been elected, cannot be kept pending for notification until all seats of Panches are filled up as it may result into non-functioning of the Gram Panchayat. Further, if the election of the Panches, who have been elected in the election, has been notified and they have been administered oath or affirmation, the election of Sarpanch of the Gram Panchayat also cannot be kept in abeyance only on the ground that one seat of Panch of the Gram Panchayat is yet to be filled up. In view of the above, we do not find any merit in this petition and the same is hereby dismissed. (SATISH KUMAR MITTAL) JUDGE November 04, 2008 ( JASWANT SINGH ) vkg JUDGE