IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7653 of 2008 DATE OF DECISION : 06.11.2008 Ram Gopal .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Jagjeet Beniwal, Advocate, for the petitioners. Mr. N.D.S. Mann, Addl. A.G., Punjab, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who filed his nomination paper to contest the election of Panchayat Samiti for Zone No.12 Bathonia Kalan, Block Ghanaur, District Patiala, as a Backward Class candidate and whose nomination paper was rejected by the Returning Officer on the ground that he does not belong to the Backward Class category, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the order dated 3.5.2008, whereby his nomination paper was rejected by the Returning Officer. On May 09, 2008, while issuing notice of motion, interim order CWP No. 7653 of 2008 -2- was passed to the effect that nomination of the petitioner shall be accepted provisionally subject to the decision of the writ petition. Learned counsel for the petitioner is not in a position to tell as to whether the petitioner has actually contested the election or not; and if contested, whether he has been elected to defeated. However, learned counsel for the respondents has informed the elections have already been held and Chairman of of the Panchayat Samiti has also been elected. In view of this, no further order can be passed in this petition and the same is, hereby, dismissed. However, if the petitioner contested the election and has been defeated, it will be open to him to file the election petition in accordance with law. ( SATISH KUMAR MITTAL ) JUDGE November 06, 2008 ( JASWANT SINGH ) ndj JUDGE