IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18284 of 2008 DATE OF DECISION : 22.10.2008 Sakinder Kaur .... PETITIONER Versus The State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Pandher, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is defeated candidate in the election of Panches of Gram Panchayat, Village Kurdi, Tehsil and District Mohali and has filed the election petition challenging the election of respondents No.6 and 7 as Panches, has filed this petition under Articles 226/227 of the Constitution of India, for issuing direction to the Deputy Commissioner cum District Election Officer, S.A.S. Nagar Mohali, not to convene the meeting of the elected Panches for the conduct of elections of the office of Sarpanch. After hearing counsel for the petitioner and in view of the decision of this Court in Sham Lal v. State Election Commission, Punjab, 1997 (1) RCR (Civil) 82, which has been subsequently followed in Sukhdev Singh and others versus State of Punjab and others (CWP No. 13116 of CWP No. 18284 of 2008 -2- 2008, decided on 12.9.2008), the relief prayed by the petitioner cannot be granted, because until and unless election of a returned candidates is declared null and void, they cannot be prohibited from participating in the election of Sarpanch or from exercising their right/performing their functions. Under Section 13-A of the Punjab Panchayati Raj Act, 1994, Deputy Commissioner is bound to convene a meeting of the elected Panches, whose election has been notified, for the purpose of holding election for the office of Sarpanch. In view of this, we do not find any merit in the instant writ petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 22, 2008 ( JASWANT SINGH ) ndj JUDGE