IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15876 of 2009 Date of Decision: 15.10.2009. Jasbir Kaur and others --Petitioners Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Sanjeev Sharma, Sr. Advocate with Mr. Shekhar Verma, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion to respondents no.1 to 5 only. Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept notice on behalf of the respondents. Petitioners no. 2, 3 and 4 are the elected Panches of Gram Panchayat of village Soos, Tehsil and District Hoshiarpur. The election of the Panchayat was notified for 26.5.2008. Petitioner no.1 also participated in the election in the General Woman Category. It is alleged that her name was, however, shown in General Category, which was meant for both male and female. Petitioner lodged some complaint. The election of the Panchayat was held and respondent no.7 was elected unopposed as Panch from the the female General Category. Petitioner no.1 filed CWP No. 9828 of 2008 which was disposed of by this Court with a direction to the respondents to decide the complaint filed by the petitioner. In the meantime, respondent no.7 also filed CWP No. 11060 of 2008 for transfer of the matter from respondent no.3. The said writ petition was, however, dismissed vide order dated 19.9.2008. Respondent no.4 decided the election petition vide order dated 4.11.2008 setting aside the election of CWP. No. 15876 of 2009 -2- respondent no.7. Aggrieved of the aforesaid order respondent no.7 filed FAO No. 5205 of 2009 before this Court. This Court vide order dated 12.2.2009 stayed the order passed by respondent no.4 setting aside the election. The FAO is pending in this Court. It is alleged that even though directions have been passed to decide the election petition within three months. However, the same could not be decided. In the meantime, record of FAO No. 5205 of 2009 is not traceable and the matter is pending under consideration of the concerned court. In the meantime, election for the post of Sarpanch has been notified for 19.10.2009. The petitioners, who are also the panches of the Gram Panchayat have filed this petition seeking to set aside the aforesaid order and its stay primarily on the ground that, if, the election is held as notified, the respondent no.7 may get elected as Sarpanch, though, her election is subject matter of the aforesaid FAO. I have heard Mr. Sharma, learned Senior Advocate appearing on behalf of the petitioners. It is not in dispute that the order setting aside the election of respondent no.7 has been stayed by this Court in the aforesaid FAO and the matter is subjudiced. In these circumstances, the writ court cannot decide anything regarding the status of respondent no.7. Since the matter is subjudiced before the Court hearing the FAO, the process cannot be stalled merely on apprehensions. There is no scope for interference in the present writ petition. It is, however, ordered that the election to the post of Sarpanch shall remain subject to outcome of the FAO. With these observations, this petition is disposed of as such. (PERMOD KOHLI) JUDGE 15.10.2009 lucky