IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11084 of 2008 DATE OF DECISION: OCTOBER 03, 2008 Sushil Kumar and others .....PETITIONERS Versus Punjab State Election Commission, Chandigarh and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. R.S.Athwal, Advocate, for the petitioners. Mr.N.D.S.Mann, Addl.A.G., Punjab, for respondents No.1 to 5. Mr.Kanwaljit Singh, Sr.Advocate with Mr.Rohan Chaudhery, Advocate, for respondents No.6 and 7. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of Panches of Gram Panchayat Village Samipur on the ground that though petitioners No.3 and 4 had contested the election of the Panches against the reserved category of Scheduled Caste (Women), but they have been wrongly declared as defeated candidates from the Scheduled Caste category. Since in this petition disputed questions of facts have been raised, counsel for the petitioners wants to withdraw this petition with C.W.P. No.11084 of 2008 -2- liberty to avail the remedy of election petition as provided under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act'). He further 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 Panches of the Gram Panchayat. Dismissed as withdrawn with the aforesaid liberty. 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 on merits expeditiously. (SATISH KUMAR MITTAL) JUDGE October 03, 2008 ( JASWANT SINGH ) vkg JUDGE