IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14004 of 2008 DATE OF DECISION : 08.08.2008 Baljinder Kaur .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Gurcharan Dass, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) In this writ petition, the petitioner has challenged the election of respondent No.5 as Panch of Gram Panchayat, village Thakkarwal, Post Office Lalton Kalan, Tehsil and District Ludhiana, while alleging that she contested the election of Panch against the Scheduled Caste Women reserve seat, in which she secured 188 votes, whereas respondent No.5, who contested the election against the General Women seat, secured 19 votes. However, respondent No.5 was wrongly declared as elected Panch. From a perusal of the result sheet (Annexure P-2), it appears that 2 Scheduled Caste Women, namely one Amarjit Kaur and petitioner Baljinder Kaur contested the election of Panch against the Scheduled Caste Women reserve. Amarjit Kaur secured 223 votes, whereas the petitioner CWP No. 14004 of 2008 -2- secured 188 votes. Therefore, Amarjit Singh was declared elected. As far as respondent No.5 is concerned, she contested against General Women category and was declared elected. Since the petitioner is rasing disputed question of fact that she had contested the election as General Woman and instead of respondent No.5, she should have been declared elected as Panch. In our opinion, the petitioner has a remedy of Election Petition under Section 76 of the Punjab State Election Commission Act, 1994, which can be filed on the grounds, mentioned in Section 89 of the Act. The questions of fact, which have been raised by the petitioner in this writ petition, can be raised by her in the Election Petition. In view of the aforesaid alternative remedy, available with the petitioner, we do not find any ground to entertain this writ petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE August 08, 2008 ( DAYA CHAUDHARY ) ndj JUDGE