CWP No. 2909 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2909 of 2009 Date of Decision: 16.07.2010 Bachittar Singh & Ors. ...Petitioners Vs. State of Punjab & Ors. ...Respondents CORAM Hon'ble Mr.Justice Vinod K.Sharma Present: Mr.M.L.Saggar, Sr. Advocate, with Ms.Taranjeet Kaur, Advocate, for the petitioners. Mr.N.S.Virk, Addl.A.G., Punjab. Vinod K.Sharma, J . (Oral All the three petitioners along with respondents No.5 and 6 were elected as Panches of the Gram Panchayat, Hollanwali Tehsil Zira, District Ferozepur. The case of the petitioners is, that they being in majority had decided to elect Makhan Singh petitioner No.2 as Sarpanch of the village. However, before the election could be held the State of Punjab by using its agencies got Bachittar Singh suspended by the Director, Rural Development and Panchayats. The election petition was also got filed, in which he was restrained, on an application moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure to participate in the proceedings of the Panchayat, whereas Bachittar Singh was got suspended from Director Rural Development and Panchayat. Thus, the majority group was brought into CWP No. 2909 of 2009 2 minority, with the result that respondent No.6 Smt.Gurmit Kaur was got elected as Sarpach. The case of the petitioners is, that though the election of Makhan Singh was set aside by the Election Tribunal, however, the appeal against the said order was allowed by this court, thereby Makhan Singh has been reinstated as panch of Gram Panchayat. It is also the case of the petitioners that suspension order of Bachittar Singh was also revoked as nothing was found against him. The contention is that this all was done with the object to see that the majority group is defeated in election, to help Gurmit Kaur. It cannot be disputed that Smt. Gurmit Kaur was elected as Sarpanch in the election held. Remedy with the petitioners, therefore, was to file an election petition, but that remedy is not available to the petitioners at this stage, as the limitation for filing the election petition has already expired. Learned counsel for the petitioners, in this situation, wishes to withdraw this writ petition to avail his remedy of moving no-confidence motion against Sarpanch Smt.Gurmit Kaur or take other steps to get her removed being in minority. The writ petition is dismissed as withdrawn with liberty to the petitioners to proceed in accordance with law, for removal of Smt. Gurmit Kaur Sarpanch who is stated to be in minority. (Vinod K.Sharma) 16.07.2010 Judge rp