IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11711 of 2008 DATE OF DECISION: NOVEMBER 03, 2008 Balwinder Kaur .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. H.P.S. Ghuman, Advocate, for the petitioner. Mr.N.D.S.Mann, Addl.A.G.,Punjab, for respondents No.1 to 4. Mr.Rameshwar Malik, Advocate, for respondent No.5. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.5, who has been elected as Panch of Village Gram Panchayat Kahangarh Grachon, Tehsil Patran, District Patiala. A written statement has been filed on behalf of respondent No.5. The Same is taken on record. The case of the petitioner is that the nomination paper of respondent No.5 was wrongly accepted because as per Section 11 of the Punjab State Election Commission Act, 1994, she was disqualified to contest the election of Panch as she was working as Anganwari Worker holding an office of profit. Counsel for respondent No.5 has pointed out that C.W.P. No.11711 of 2008 -2- the petitioner has already filed an election petition challenging the election of respondent No.5 on the same ground and the same is pending before the Election Tribunal. In view of the aforesaid fact, we are not inclined to entertain this petition and the same is hereby dismissed. However, the petitioner is permitted to pursue the election petition which he has already filed before the Election Tribunal. (SATISH KUMAR MITTAL) JUDGE November 3, 2008 ( JASWANT SINGH ) vkg JUDGE