Civil Writ Petition No. 544 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 544 of 2009 Date of Decision: 9.9.2010 Gurmail Singh and Others …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Sonia G. Singh, Advocate for the petitioners. Mr. J.S. Puri, Additional Advocate General, Punjab, for respondents No.1 to 3. Mr. Chanchal K. Singla, Advocate for respondent No.4. None for respondents No.5 to 8. Kanwaljit Singh Ahluwalia, J. (Oral) Five members of the Gram Panchayat, village Karamgarh, District Barnala, have approached this Court on 13.1.2009 by way of filing the present writ petition with a prayer that the official respondents be directed to hold a free and fair election to the office of Sarpanch. It is not disputed that during the pendency of the present writ petition, respondent No.4-Gajjan Singh was elected as a Sarpanch and took oath as such. The election of Sarpanch has not been assailed by filing an election petition. Learned counsel for the petitioners submits that the majority, Civil Writ Petition No. 544 of 2009 2 attained by respondent No.4, was a made up affair as one member was kidnapped. To the contrary, learned counsel for respondent No.4 submits that five members, which constituted majority, voted for respondent No.4-Gajjan Singh, whereby he was elected as a Sarpanch. This Court cannot adjudicate the disputed questions of fact. At this stage, learned counsel for the petitioners submits that even respondent No.4 could not be elected as a Sarpanch as he was holding the office of Lambardar which is termed as office of profit. However, no pleading has been made, in the present writ petition, to this effect. Hence, the present writ petition is disposed of. The petitioners, if so advised, may assail the election of respondent No.4, in accordance with the provisions of law. There will, however, be no order as to costs. (Kanwaljit Singh Ahluwalia) Judge September 9, 2010 “DK”