IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19992 of 2008 DATE OF DECISION : 26.11.2008 Paramjit Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. M.S. Kang, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is one of the elected Panches of Gram Panchayat, Village Tut Kalan, Tehsil Nakodar, District Jalandhar, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.4 as Sarpanch of the Gram Panchayat. Though in the petition, it has been stated that election of the Sarpanch was conducted in the meeting held on 24.11.2008, but the proceedings of the said meeting have not been annexed. The petitioner is challenging the election of respondent No.4 as Sarpanch on two counts. Firstly, that since out of 7 Panches of the Gram Panchayat, only 6 have been elected, therefore, without filling the 7th post of Panch, election to the office of Sarpanch could not have been held. Secondly, learned counsel contends CWP No. 19992 of 2008 -2- that no proper notice was issued to the petitioner for the said meeting, in which respondent No.4 has been elected as Sarpanch, therefore, her election as Sarpanch is illegal, null and void. After hearing counsel for the petitioner, we do not find any substance in both the contentions raised by him. Regarding the first contention, this Court in Jagtar Singh versus State of Punjab and others (CWP No. 13418 of 2008, decided on 22.9.2008), has already held that the election of Sarpanch of a Gram Panchayat cannot be kept in abeyance only on the ground that one or two seats of the Panches have not been filled up. As far as the second contention is concerned, the disputed questions of fact have been raised by the petitioner, therefore, he has the remedy of election petition under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994, as has been held by this Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008). In view of the above, we are not inclined to entertain this writ petition and the same is, hereby, dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 26, 2008 ( JASWANT SINGH ) ndj JUDGE