IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13486 of 2008 DATE OF DECISION : 30.10.2008 Sawinder Singh and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Malkeet Singh, Advocate, for the petitioners. Mr. M.S. Sindhu, Addl. A.G., Punjab, for respondents No.1 to 3. Mr. Lalit Goel, Advocate, for respondent No.4. Mr. T.P.S. Tung, Advocate, for respondent No.7. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who are the elected Panches of Gram Panchayat Village Bhagowal Khurd, Tehsil Batala, District Gurdaspur, have filed this petition under Articles 226/227 of the Constitution of India for issuing direction to the respondents to conduct the election to the office of Sarpanch of the aforesaid Gram Panchayat. In the written statement, filed on behalf of respondent No.4, it has been disclosed that election to the office of Sarpanch was held on CWP No. 13486 of 2008 -2- 16.7.2008 by majority of the Panches and respondent No.7 was elected as Sarpanch. Counsel for the petitioners states that election of respondent No.7 as Sarpanch in the said meeting was illegal and the petitioners want to challenge her election by filing the election petition. He prays that since the petitioners had filed this petition on 30.7.2008, well within the period of limitation, therefore, they may be permitted to withdraw this petition with liberty to avail the remedy of election petition. However, counsel for the petitioners further submits that in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, (1996) 6 SCC 199, the petitioners 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 the respondents have no objection if the prayer of the petitioners is accepted. After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioners to withdraw this writ petition with liberty to file an election petition, within a period of three weeks from today, under Section 76 read with Section 89 of the Act, challenging the election of respondent No.7 as Sarpanch of Gram Panchayat Village Bhagowal Khurd, Tehsil Batala, District Gurdaspur. Dismissed as withdrawn with the aforesaid liberty. If the election petition is filed by the petitioners within a period CWP No. 13486 of 2008 -3- of three weeks from today, the Election Tribunal is directed to entertain and decide the same on merits, expeditiously. ( SATISH KUMAR MITTAL ) JUDGE October 30, 2008 ( JASWANT SINGH ) ndj JUDGE