IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 11610 of 2008 (O&M) DATE OF DECISION: OCTOBER 01, 2008 Gurbachan Singh .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE NIRMALJIT KAUR --- Present: Mr. S.S.Brar, Advocate, for the petitioner. Mr.N.D.S.Mann, Addl.A.G., Punjab, for respondents No.1 to 4. None for respondent No.5. Mr.H.S.Grewal, Advocate, for respondent No.6. .. SATISH KUMAR MITTAL, J. (Oral) C.M.No.19769 of 2008 C.M. is allowed. Written statement filed on behalf of respondent No.6 is taken on record. CWP No.11610 of 2008 The petitioner, who was one of the candidates for the election of Members of Village Gram Panchayat, Machrai, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.6 as a Panch of the Gram Panchayat on the ground that at one point of time the petitioner was declared elected as a C.W.P. No. 11610 of 2008 (O&M) -2- Panch from the reserved seat of Scheduled Caste category. However, subsequently, respondent No.6 was declared elected vide result sheet Annexure P-3. Undisputedly, the subsequent result has been notified and the election of Sarpanch of the Gram Panchayat has already taken place. In the written statement filed on behalf of respondent No.6, a specific objection regarding maintainability of this petition has been taken that the petitioner can resort to the remedy of election petition under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act'). In view of the said preliminary objection taken, counsel for the petitioner submits that since the election petition was to be filed within 45 days from the date of election of the office of Sarpanch 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. Counsel for respondent No.6 has no objection in extending the time. 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 Act, challenging the election of respondent No.6. Dismissed as withdrawn with the aforesaid liberty. 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 on merits expeditiously. (SATISH KUMAR MITTAL) JUDGE October 01, 2008 ( NIRMALJIT KAUR ) vkg JUDGE