IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18076 of 2008 DATE OF DECISION: OCTOBER 20, 2008 Nachhatar Singh and others .....PETITIONERS Versus State Election Commissioner, Punjab State Election Commission,Chandigarh and another ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.H.S.Rakhra, Advocate, for the petitioners. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners, who are the elected Panches of Gram Panchayat, Village Burj Ladha Singh Wala, Tehsil Phul, District Bathinda, have 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 Village Gram Panchayat, which was held in the meeting conducted on 21.07.2008. After arguing for some time and in view of the disputed questions of facts raised in this petition, and the law laid down by 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, election of Sarpanch is to be challenged by filing an election petition under Section 76 on the C.W.P. No.18076 of 2008 -2- grounds mentioned in Section 89 of the Act, counsel for the petitioners on instructions from the petitioners, states that the petitioners may be permitted to withdraw this petition with liberty to file an election petition in accordance with law. Dismissed as withdrawn with the aforesaid liberty. (SATISH KUMAR MITTAL) JUDGE October 20, 2008 ( JASWANT SINGH ) vkg JUDGE