LPA No.920 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.920 of 2011 Dated of decision:23.5.2011 Paramjeet Kaur …..Appellant Vs. State of Punjab and others CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON’BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Sameer Sachdeva, Advocate for the appellant. Adarsh Kumar Goel,ACJ 1. This appeal has been preferred against order of learned Single Judge setting aside initiation of process of election on the ground that the writ petitioner respondent No.6 was already holding the post of Sarpanch and his term had not come to an end. The appellant had earlier filed writ petition wherein without issuing notice to the affected party, a direction for holding election was issued in view of the allegation that the writ petitioner had not been duly elected as Sarpanch. When the writ petitioner pointed out this fact, learned Single Judge has corrected this error and set aside the election process. 2. We have heard learned counsel for the appellant. 3. Only contention raised on behalf of the appellant is that remedy of the writ petitioner was to file review and not a writ petition. 4. It is not disputed that the writ petitioner was not heard nor notice issued to him when the earlier order was passed and averment made by the appellant in her earlier writ petition was factually incorrect. In such circumstances, there is no error in the view taken 1 LPA No.920 of 2011 by learned Single Judge. We also do not find any merit in the contention that the writ petition was not maintainable. Reference may be made to judgment of the Hon’ble Supreme Court in Pola Singh v. State of Punjab, (2004) 6 SCC 126, paras 18 and 19. 5. In view of above, the appeal is wholly without any merit and is dismissed with costs quantified at Rs.25000/- to be deposited with the High Court Legal Aid Committee. (Adarsh Kumar Goel) Acting Chief Justice May 23, 2011 (Ajay Kumar Mittal) ‘gs’ Judge 2