IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15660 of 2008 DATE OF DECISION : 22.09.2008 Kuldeep Singh and another .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sanjiv Pandey, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who have been elected as Panches of Gram Panchayat Village Rurki Khurd, Malerkotla, District Sangrur, have filed this petition under Articles 226/227 of the Constitution of India for setting aside the clarification (Annexure P-4) as well as the election of respondent No.6 as Sarpanch of the aforesaid Gram Panchayat. It is the case of the petitioners that the office of Sarpanch of the aforesaid Gram Panchayat was reserved for General category, whereas respondent No.6, who has been elected as Panch from the seat reserved for Scheduled Caste category, has been illegally elected as Sarpanch. After hearing counsel for the petitioners, we are of the opinion that in view of the disputed questions of facts raised in this writ petition and CWP No. 15660 of 2008 -2- further in view of decision of this Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), the petitioners have remedy of election petition. In view of this, counsel for the petitioners states that the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE September 22, 2008 ( JASWANT SINGH ) ndj JUDGE