IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13443 of 2008 DATE OF DECISION : 22.08.2008 Rajinder Singh and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. G.B.S. Dhillon, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.8 as Sarpanch of Gram Panchayat, Village Chak Bhai Ka, Tehsil Raikot, District Ludhiana, being illegal null and void, on the ground that while conducting the said election, petitioner No.2 was forced to sign the election proceedings. It has been further alleged that respondent No.8 has been wrongly declared elected as Sarpanch, in spite of the fact that the petitioners were in majority. After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts raised in this writ petition and further in view of the decision of this Court in Baljit Singh v. State of CWP No. 13443 of 2008 -2- Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), wherein it has been held that the election of Sarpanch can be challenged by filing an election petition, the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition under section 76 on the grounds mentioned in section 89 of the Punjab State Election Commission Act, 1994. Dismissed as withdrawn with the aforesaid liberty. However, if the election petition is filed by the petitioners in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE August 22, 2008 ( DAYA CHAUDHARY ) ndj JUDGE