IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12742 of 2008 DATE OF DECISION : 25.08.2008 Bharat Singh and another .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Mansuri Ali, Advocate, for the petitioners. Mr. N.S. Virk, Addl. A.G., Punjab. Mr. K.S. Boparai, Advocate, for respondent No.7. * * * SATISH KUMAR MITTAL , J. Petitioners Bharat Singh and Gurdeep Singh, who are Panches of Gram Panchayat, Village Bhamian Kalan, Block Ludhiana-2, Tehsil and District Ludhiana, have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.7 as Sarpanch, on the ground that he was illegally declared elected as Sarpanch on 28.7.2008. It is alleged that at the time of meeting for election of Sarpanch, one Prithipal Singh Panch was illegally got arrested in a false case and the petitioners wanted to support the said person. Therefore, the CWP No. 12742 of 2008 -2- election of Sarpanch was illegally conducted and respondent No.7 was declared elected. In the written statement, filed on behalf of respondent No.7, the aforesaid allegations have been disputed and it has been stated that on 22.7.2008, meeting for holding the election was duly conducted, in which respondent No.7 was elected as Sarpanch, as he was having the support of 6 Panches out of 11 Panches. After hearing counsel for the parties, 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 petitioners to avail the remedy of election petition under section 76 read with section 89 of the Act. If the CWP No. 12742 of 2008 -3- election petition is filed by the petitioners in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE August 25, 2008 ( JASWANT SINGH ) ndj JUDGE