IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 13722 of 2008 DATE OF DECISION: SEPTEMBER 04, 2008 Hira Singh .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. R.K. Dadwal, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner has filed this petition under Articles 226/227 of the Constitution of India, for quashing the impugned letter dated 27.5.2008 (Annexure P-2) vide which the respondent authorities have clarified that Panch belonging to the category of Scheduled Caste (Woman), can contest the election for the office of Sarpanch, which is reserved for Scheduled Caste Category. During the pendency of this petition, respondent No.6, who is a Scheduled Caste Woman, has been elected as Sarpanch of Village Gram Panchayat Himatpur. The office of Sarpanch was reserved for Scheduled Caste category. After arguing for some time, counsel for the petitioner states that in view of the disputed questions of facts involved in this writ petition C.W.P. No. 13722 of 2008 -2- and further in view of the decision of this Court in Baljit Singh v. State of Punjab and others (CWP No.13643 of 2008, decided on August 22, 2008), wherein it has been 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, the petitioner may be permitted to withdraw this petition with liberty to avail the remedy of election petition. Dismissed as withdrawn with the aforesaid liberty. However, 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 04, 2008 ( JASWANT SINGH ) vkg JUDGE