IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 10867 of 2008 DATE OF DECISION : 01.12.2008 Ajaib Singh 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. R.C. Setia, Senior Advocate, with Mr. Anish Setia, Advocate, for the petitioners. Mr. N.D.S. Mann, Addl. A.G., Punjab, for respondents No.1 to 5. Mr. S.P.S. Sidhu, Advocate, for respondents No. 7 to 15. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Articles 226/227 of the Constitution of India for setting aside the unanimous election of respondents No.7 to 15 as Panches of Gram Panchayat, Village Talwandi Malian, Tehsil and District Moga. It is the case of the petitioners (11 in number) that they were interested to file nomination papers. They went at the spot for filing nomination papers, but the same were illegally not entertained by the Returning Officer. In the written statement, this fact has been disputed. It has also been stated that the petitioners have the remedy of election petition. CWP No. 10867 of 2008 -2- In view of the aforesaid facts, learned counsel for the petitioners states that the petitioners may be permitted to withdraw this writ petition with liberty to file election. However, counsel for the petitioners further submits that since within the limitation prescribed for filing election petition, the petitioners had filed this writ petition, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, they may be permitted to file election petition within three weeks from today and in case election petition is filed within three weeks, the same may be directed to be heard on merits by the Election Tribunal. Learned counsel for the respondents have no objection, if the aforesaid prayer of learned counsel for the petitioners is accepted. In view of above, we permit the petitioners to withdraw this writ petition with liberty to file an election petition under Section 76 read with Section 89 of the Act, within a period of three weeks from today, challenging the election of respondents No.7 to 15. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioners within a period of three weeks from today, the Election Tribunal is directed to entertain and decide the same on merits, expeditiously. ( SATISH KUMAR MITTAL ) JUDGE December 01, 2008 ( JASWANT SINGH ) ndj JUDGE