IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17424 of 2008 DATE OF DECISION : 01.10.2008 Gurdeep Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Vishal Deep Goyal, Advocate, for the petitioner. Mr. Pardeep Goyal, Advocate, for the caveators. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is the defeated candidate and has filed the election petition under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994, challenging the election of respondent No.3, has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 28.7.2008 passed by the Election Tribunal, Sangrur, whereby the interim stay granted by it on 10.7.2008 has been vacated, by following a Division Bench decision of this Court in CWP No. 9800 of 1996, reported as Sham Lal v. State Election Commission, Punjab, 1997 (1) RCR (Civil) 82. CWP No. 17424 of 2008 -2- We have heard counsel for the parties and do not find any illegality in the impugned order, passed by the Election Tribunal. This Court in Sham Lal's case (supra), has held that the Election Tribunal has no power to pass an injunction or stay order during the pendency of the election petition. Hence, we do not find any merit in the instant writ petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 01, 2008 ( NIRMALJIT KAUR ) ndj JUDGE