IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15314 of 2008 DATE OF DECISION : 29.08.2008 Jarnail Kaur .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Vikas Singh, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is Panch of Gram Panchayat, Village Dharonke, Tehsil Nabha, District Patiala, has filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.4 as Sarpanch of the aforesaid Gram Panchayat. It has been alleged that initially respondent No.4 was wrongly declared elected as Panch, and thereafter, to prevent the petitioner from contesting the election for the office of Sarpanch on 15.7.2008, she was attacked, given beatings and then falsely implicated in a false FIR on 15.7.2008 itself. However, the FIR against the persons, who attacked the petitioner was registered only on 28.7.2008. It has been further alleged that taking advantage of the absence of the petitioner, election for the office of Sarpanch was held and respondent No.4 was declared elected as Sarpanch. CWP No. 15314 of 2008 -2- It has also been alleged that respondent No.4 was not even eligible to contest the election as she is an illegal occupant of Shamlat land. 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), 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 August 29, 2008 ( JASWANT SINGH ) ndj JUDGE