IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 11083 of 2008 DATE OF DECISION: OCTOBER 22, 2008 Veerpal Kaur .....PETITIONER Versus Punjab State Election Commission,Chandigarh and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Ms. G.K.Mann, Advocate, for the petitioner. Mr.N.D.S.Mann, Addl.A.G., Punjab, for respondents No.1 to 4. Mr.I.S.Brar, Advocate, for respondent No.7. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner, who has been declared defeated as a Panch of the Gram Panchayat of Village Gumti Khurd, Block Kot Kapura, District Faridkot, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.7, who was elected as a Panch of the Gram Panchayat against the seat reserved for General Category by securing 92 votes. After arguing for some time, counsel for the petitioner states that in view of the disputed questions of facts raised in this writ petition, 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 C.W.P. No. 11083 of 2008 -2- the date of election of the office of Panch and within the said limitation, the petitioner 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 Pumjab State Election Commission Act challenging the election of respondent No.7. Dismissed as withdrawn with the aforesaid liberty.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 22, 2008 ( JASWANT SINGH ) vkg JUDGE