IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17581 of 2008 DATE OF DECISION : 03.10.2008 Amarjit Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Ms. Balvinder Kaur, 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 notification dated 9.5.2008, issued by respondent No.1 as well as election of the Gram Panchayat, Village Kalru, Tehsil Sultanpur Lodhi, District Kapurthala, on the ground that respondent No.2 has not properly reserved the seats of Panches of the aforesaid Gram Panchayat, for the different categories. The petitioner had earlier filed CWP No. 9954 of 2008, which was disposed on May 29, 2008, with a direction to the Election Commission CWP No. 17581 of 2008 -2- to consider the representation of the petitioner. The said representation has now been dismissed by the State Election Commission, Punjab, vide its order dated 4.9.2008 (Annexure P-10), wherein it has been observed that after the election is over, the petitioner has the remedy to file election petition. After arguing for some time, counsel for the petitioner states that the petitioner may be permitted to withdraw this writ petition with liberty to file the election petition. Counsel further submits that since the petitioner had approached this Court, immediately after the elections, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, the petitioner 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. After hearing counsel for the petitioner and going through the aforesaid judgment of the Supreme Court, we find that the prayer of the petitioner is reasonable and genuine. Consequently, we permit the petitioners to withdraw this writ petition with liberty to file an election petition, within a period of three weeks from today, under Section 76 read with Section 89 of the Act. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioner within a period of three weeks from today, the Election Tribunal is directed to entertain and CWP No. 17581 of 2008 -3- decide the same on merits, expeditiously. Dasti on payment of usual charges. ( SATISH KUMAR MITTAL ) JUDGE October 03, 2008 ( JASWANT SINGH ) ndj JUDGE