IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13329 of 2008 DATE OF DECISION : 09.12.2008 Surinder Singh and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Kanwaljit Singh, Senior Advocate, with Mr. G.S. Ghuman, Advocate, for the petitioners. Mr. M.S. Sindhu, Addl. A.G., Punjab, for respondents No.1 to 3 and 5. Mr. G.S. Chahal, Advocate, for respondent No.4. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.4 Sukhwinder Kaur as Sarpanch of Gram Panchayat, Village Rajgarh, Tehsil Payal, District Ludhiana. After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts involved in the instant petition and in view of decision of this Court in Baljit Singh v. State of CWP No. 13329 of 2008 -2- 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 (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, the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition. However, counsel for the petitioners submits that since this petition was to be filed within 45 days from the date of election of the office of Sarpanch, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, the petitioners 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. Counsel for the respondents have no objection in this regard. After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, 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 respondent No.4. Dismissed as withdrawn with the aforesaid liberty.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 CWP No. 13329 of 2008 -3- decide the same on merits, expeditiously, preferably within a period of six months. ( SATISH KUMAR MITTAL ) JUDGE December 09, 2008 ( JASWANT SINGH ) ndj JUDGE