IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12503 of 2008 DATE OF DECISION : 18.09.2008 Joginder 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. H.S. Sethi, Advocate, for the petitioners. Mr. N.S. Virk, Addl. A.G., Punjab, for respondents No.1 to 3. Mr. M.S. Bedi, Advocate, for respondent No.4. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who have been elected as Panches of Gram Panchayat Village Purana Shala, Tehsil and District Gurdaspur, have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.4 as Sarpanch of the aforesaid Gram Panchayat, on the ground that he was illegally elected as Sarpanch, without having any majority. Written statement on behalf of respondent No.4 has been filed in Court today. The same is taken on record and its copy has been handed CWP No. 12503 of 2008 -2- over to counsel for the petitioners. 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 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 been 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 further submits that since the election petition was to be filed within 45 days from July 19, 2008, i.e. the date of election of the office of Sarpanch and within the said limitation on July 21, 2008, 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 a period of 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. Counsel for the respondents state that they have no objection, if the prayer made by counsel for the petitioners is accepted. CWP No. 12503 of 2008 -3- After hearing counsel for the parties and going through the aforesaid judgment of the Supreme Court, we permit the petitioners to withdraw this writ petition with liberty to file an election petition under Section 76 read with Section 89 of the Act, challenging the election of respondent No.4, within a period of three weeks from today. 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 entertain the same on merits and decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE September 18, 2008 ( JASWANT SINGH ) ndj JUDGE