IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14676 of 2008 DATE OF DECISION : 21.08.2008 Darshan Singh .... PETITIONER Versus The State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. J.S. Mann & Mr. J.S. Virk, Advocates, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner has filed this petition under Articles 226/227 of the Constitution of India, challenging the election of respondent No.6 as Panch of Gram Panchayat, Village Nadalon, Block Mahilpur, Tehsil Garhshankar, District Hoshiarpur, on the ground that though he was ineligible, but his nomination paper was accepted. After hearing counsel for the petitioner, we are of the opinion 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'), the election of Panch can only be challenged by filing election petition, which can be filed under Section 76 read with CWP No. 14676 of 2008 -2- Section 89 of the Act. Dismissed. However, it will be open for the petitioner to avail the said remedy. ( SATISH KUMAR MITTAL ) JUDGE August 21, 2008 ( DAYA CHAUDHARY ) ndj JUDGE