IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 42 of 2010 Date of Decision: 31.03.2011 Balwinder Kaur and others ...Appellants Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. D.S.Pheruman, Advocate, for the appellants. Ms. Madhu Dayal, Addl. A.G. Punjab Mr. Premjit Kalia, Advocate, for the respondent No. 7. **** RANJAN GOGOI, C.J.(Oral) Civil Writ Petition No. 16202 of 2008 was dismissed by the learned Single Judge on 05.11.2009. The relief prayed for in the writ petition was for a direction for holding of the election of the Sarpanch of Gram Panchayat, Tharu, Block/Tehsil, Tarn-Taran, District Tarn-Taran. The learned Single Judge dismissed the writ petition on the ground that the materials on record (proceedings of the Gram Panchayat dated 24.07.2008-Annexure P-19) had proved and established that the election for the post of Sarpanch of the aforesaid Gram Panchayat took place on 24.07.2008. Further more, the learned Single Judge also recorded a finding that the said election was not challenged in the writ petition. Accordingly, the relief sought i.e. for holding of the election was not tenable. Aggrieved, this appeal has been filed. The controversy in the case, on the issues raised, centre around the question as to whether a meeting of the Gram Panchayat for election of the Sarpanch was or was not held on 24.07.2008 and LPA No. 42 of 2010 [2] whether the proceedings of the Gram Panchayat dated 24.07.2008 (Annexure P-19) have been fabricated so as to avoid further election. Learned counsel for the appellant has sought to over come the issue by relying upon a report of enquiry dated 01.08.2008 of the Sub Divisional Magistrate, Patti (Annexure P-24). Learned counsel has drawn our attention to the relevant part of the said report which is to the effect that no such election took place on 24.07.2008. However, it appears to us that the same Sub Divisional Magistrate had submitted a further report dated 8.8.2008 to the Addl. Deputy Commissioner (Development), Tarn-Taran (Annexure P-21) wherein he had recorded that the election did take place on 24.07.2008. The same authority by two separate reports having taken conflicting stands with regard to the holding of the election on 24.07.2008, the issue raised in the writ petition would require us to go into highly disputed questions of fact which we are not inclined to in the exercise of the writ jurisdiction. We, therefore, do not consider it appropriate to keep this appeal pending any longer. We, accordingly dismiss the same by affirming the eventual conclusion of the learned Single Judge, though, for reasons different. As we have differed with the learned Single Judge on the reasons for arriving at the same conclusion, the order imposing costs of Rs. 10,000/- on the appellant-writ petitioner, is interfered with. (RANJAN GOGOI) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 31.03.2011 'ravinder'