IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 16864 of 2008 DATE OF DECISION : 23.09.2008 Gurvinder Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Aman Bansal, Advocate, for the petitioner. * * * 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.10 as Sarpanch of Gram Panchayat village Kheri Mania, Tehsil and District Patiala. It is the case of the petitioner that respondent No.10 was illegally elected as Sarpanch, because an election petition filed by the petitioner challenging the election of respondent No.10 as Panch is pending, in which the re-counting has already taken place and according to that re- counting, the petitioner is the winning candidate. Even if these facts are taken as correct, even then the election of respondent No.10 as Sarpanch cannot be said to be illegal, because till date, his election as Panch has not CWP No. 16864 of 2008 -2- been set aside. At this stage, counsel for the petitioner states that the petitioner may be permitted to withdraw this writ petition with liberty to avail the alternative remedy in according with law, to challenge the election of respondent No.10 as Sarpanch. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE September 23, 2008 ( JASWANT SINGH ) ndj JUDGE