IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 13226 of 2008 DATE OF DECISION: OCTOBER 15, 2008 Gurjeet Kaur 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. T.P.Singh, Advocate, for the petitioners. Mr.M.S.Sindhu, Addl.A.G., Punjab, for respondents No.1 to 4. Mr.Mansur Ali, Advocate, for respondent No.5. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners, who are Panches of Gram Panchayat of Village Makha Chehlan, Block Bhikhi, District Mansa, have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of Shamsher Kaur-respondent No.5 on the ground that she has been declared elected as Sarpanch of the Gram Panchayat without giving any notice to the petitioners. Replication to the affidavit of respondent No.4 on behalf of respondents No.1 to 4, along with affidavit Annexure P5 is taken on C.W.P. No. 13226 of 2008 -2- record. After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts raised in this writ petition and further in view of the decision of this Court in Baljit Singh v. State of Punjab and others (CWP No.13643 of 2008, decided on August 22, 2008), wherein it has held that in view of Clause (b) of Article 243-O of the Constitution of India and Section 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act'), election of Sarpanch is to be challenged by filing an election petition under Section 76 on the grounds mentioned in Section 89 of the Act, the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition. However, counsel for the petitioners 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 petitioners 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 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. After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioners 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.5. C.W.P. No. 13226 of 2008 -3- Dismissed as withdrawn with the aforesaid liberty. However, if the election petition is filed by the petitioners within a period of three weeks from today, the Election Tribunal is directed to decide the same expeditiously, preferably within a period of nine months. (SATISH KUMAR MITTAL) JUDGE October 15, 2008 ( JASWANT SINGH ) vkg JUDGE