IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15360 of 2008 DATE OF DECISION : 01.09.2008 Charanjit Kaur Panch .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Veneet Soni, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is Panch of Gram Panchayat, Village Qilla Jiwan, Block Jandiala Guru, Tehsil and District Amritsar, has filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.7 as Sarpanch of the aforesaid Gram Panchayat, on the ground that she has been illegally elected as Sarpanch, without there being any majority in her favour. After hearing counsel for the petitioner and going through the contents of this petition, we are of the opinion that in this petition, the disputed questions of facts have been raised, which cannot be gone into in the writ jurisdiction of this Court. This Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), CWP No. 15360 of 2008 -2- has 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. In the facts and circumstances of the case, no exceptional case is made out to invoke the extra ordinary powers of this Court under Article 226 of the Constitution of India for setting aside the election of Sarpanch. Thus, we do not find any ground to entertain this petition. Dismissed. However, it will be open for the petitioner to avail the remedy of election petition under section 76 read with section 89 of the Act. If the election petition is filed by the petitioner in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE September 01, 2008 ( JASWANT SINGH ) ndj JUDGE