IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.10762 of 2008 DATE OF DECISION: OCTOBER 20, 2008 Pal Singh .....PETITIONER Versus Punjab State Election Commissioner, Chandigarh and olthers ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.Pankaj Maini, Advocate, for Mr.O.S.Batalvi, Advocate, for the petitioner. Mr.M.S.Sindhu, Addl.A.G., Punjab, for respondents No.1 to 3. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner, who had contested the election of Panch as a General Category candidate, has filed this petition under Articles 226/227 of the Constitution of India for quashing the result/notification of the election of Panches held on 26.5.2008 on the ground that respondent No.4, who has secured 169 votes, more than the petitioner in the General Category, had actually filed his nomination papers against the reserved category of Backward Class, and his result has been wrongly declared showing him as elected in the General Category. In the written statement filed on behalf of respondents No.2 C.W.P. No.10762 of 2008 -2- and 3, this fact has been disputed and it has been stated that respondent No.4 had contested the election only against the General Category, though he belong to Backward Class category. Counsel for the petitioner contends that since the disputed questions of facts have been raised in this 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 held 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'), 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 petitioner may be permitted to withdraw this petition with liberty to avail the remedy of election petition. However, counsel for the petitioner submits that since the election petition was to be filed within 45 days from the date of election of the office of Sarpanch and within the said limitation, the petitioners had approached this Court and filed the present writ petition, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, the petitioner may be permitted to file election petition within three weeks from today and in case election petition is filed within three weeks, the same may be directed to be heard on merits by the Election Tribunal. After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioner to withdraw this petition with liberty to file an election petition within three weeks under Section 76 read with Section 89 of the Act challenging the C.W.P. No.10762 of 2008 -3- election of respondent No.4. Dismissed as withdrawn with the aforesaid liberty. However, if the election petition is filed by the petitioner within a period of three weeks from today, the Election Tribunal is directed to decide the same expeditiously. (SATISH KUMAR MITTAL) JUDGE October 20, 2008 ( JASWANT SINGH ) vkg JUDGE