IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18287 of 2008 DATE OF DECISION : 23.10.2008 Nishan 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. Gaurave Bhayyia, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Article 226/227 of the Constitution of India for setting aside the election of respondent No.8 as Sarpanch of Gram Panchayat, Village Chak Tahliwala, Tehsil Jalalabad, District Ferozepur, in the meeting of the Panches held on 25.8.2008. It is the case of the petitioners that respondent No.8, without having any majority in his favour, was illegally declared elected as Sarpanch by the Presiding Officer. In our opinion, since the disputed questions of facts have been raised in this petition, therefore, 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), the petitioners have remedy of election petition under Section 76 read with Section 89 of the CWP No. 18287 of 2008 -2- Punjab State Election Commission Act, 1994. In view of the said legal position, learned counsel for the petitioners states that the petitioners may be permitted to withdraw this writ petition with liberty to avail the aforesaid alternative remedy, in accordance with law. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE October 23, 2008 ( JASWANT SINGH ) ndj JUDGE