IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 10464 of 2008 DATE OF DECISION : 31.10.2008 Smt. Mohinder Pal Kaur .... PETITIONER Versus The State Election Commission, Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. S.C. Chhabra, Advocate, for the petitioner. Mr. N.D.S. Mann, Addl. A.G., Punjab, for respondents No.1 to 3. Mr. K.S. Sidhu, Advocate, for respondents No.4,5,8 and 10. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who has been defeated in the election of Gram Panchayat, Village Ratta Khera, Tehsil Jalalabad, District Ferozepur, has filed this petition under Article 226 of the Constitution of India for setting aside the election of Panches of the Gram Panchayat on the ground that initially, she was allotted the election symbol of `ladder' and subsequently, the same was found missing in the ballot paper, therefore, the entire election process was vitiated and is liable to be declared null and void. In the written statement, filed on behalf of respondents No.2 CWP No. 10464 of 2008 -2- and 3, it has been stated that due to mistake, initially two candidates were allotted the election symbol of `ladder'. Subsequently, the mistake was corrected and the petitioner was allotted the election symbol of `lock'. The petitioner contested the elections, secured only 6 votes and was declared defeated. Learned counsel for the petitioner disputes the aforesaid facts, stated in the written statement. Since these are the questions of facts, therefore, we are not inclined to entertain this petition, as the petitioner has the alternative remedy of election petition under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994. At this stage, counsel for the petitioner states that the petitioner may be permitted to withdraw this writ petition with liberty to avail the alternative remedy of election petition. However, he further submits that since immediately after the elections of Panches of the aforesaid Gram Panchayat on 26.5.2008, the petitioner had approached this Court and filed the present writ petition on 3.6.2008, 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. Counsel for the respondents state that they have no objection if the prayer of counsel for the petitioner is accepted. CWP No. 10464 of 2008 -3- After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioner to withdraw this writ petition with liberty to file an election petition, within a period of three weeks from today, under Section 76 read with Section 89 of the Act. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioner within a period of three weeks from today, the Election Tribunal is directed to entertain and decide the same on merits, expeditiously. ( SATISH KUMAR MITTAL ) JUDGE October 31, 2008 ( AJAY TEWARI ) ndj JUDGE