IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14819 of 2008 DATE OF DECISION : 26.08.2008 Beant 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. Vinod Arya, Advocate, for the petitioners. * * * 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 as Sarpanch of Gram Panchayat Village Hari Nau, Tehsil and District Faridkot, being illegal, null and void, on the ground that he has been declared elected as Sarpanch, despite the fact that the quorum was not complete, as out of 11 Panches, only 7 were present. After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts raised in this writ petition and further 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), wherein it has been held that in view of Clause (b) of Article 243-O of the CWP No. 14819 of 2008 -2- 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. Dismissed as withdrawn with the aforesaid liberty. However, if the election petition is filed by the petitioners in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE August 26, 2008 ( JASWANT SINGH ) ndj JUDGE