IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17414 of 2010 (O&M) Date of decision: 15th November, 2010 Tehal Singh and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rajesh Kumar Dadwal, Advocate for the applicant-petitioners. Mr. Anil Kumar Sharma, Additional AG, Punjab for respondents No.1 to 5. Mr. T.P. Singh, Advocate for respondents No.6 and 7. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No.15308 of 2010 Application is allowed and proceedings/resolution (Annexure P-9) is taken on record. Civil Writ Petition No.17414 of 2010 Present writ petition was filed seeking a writ in the nature of certiorari for setting aside the order dated 13th September, 2010 (Annexure P-8), whereby the petitioners were suspended from the office of Panch. It was stated in the writ petition that order of suspension was passed due to malafide reasons, so that the petitioners were not able to participate in the no-confidence-motion initiated and moved against the Sarpanch-respondent No.7. A further prayer was made that petitioners be Civil Writ Petition No.17414 of 2010 (O&M) allowed to participate in the meeting, in which no-confidence-motion was to be put to vote. Mr. T.P.Singh, Advocate appearing for respondents No.6 and 7, has stated that no-confidence-motion was put to vote in a meeting held on 18th October, 2010 and the petitioners participated therein. It is further stated that the no-confidence-motion was defeated, as only four out of seven Panches voted against the Sarpanch-respondent No.7 and therefore, the proposal of no-confidence-motion could not muster 2/3rd majority. That being so, the argument that the order of suspension be stayed to allow the petitioners to participate in the no-confidence-motion, no longer validly exists. Mr. T.P.Singh has further stated that the order of suspension is appealable and the Statute provides a remedy of appeal. Counsel for the petitioners, at this stage, has stated that he be permitted to withdraw the present petition with two liberties: (a) The petitioners be permitted to file an appeal within a stipulated time and in case an appeal is preferred, no argument be raised that the appeal is barred by limitation, as the petitioners have approached the wrong forum under a wrong notion of law; (b) The petitioners be permitted to assail the resolution (Annexure R-7/4), whereby the no-confidence-motion was defeated. Counsel for the respondents have no objection thereto. Hence, as prayed, the present writ petition is dismissed as withdrawn. In case the petitioners file an appeal within a period of 15 days from today, no argument shall be raised that the same is barred by 2 Civil Writ Petition No.17414 of 2010 (O&M) limitation. The petitioners may also assail the resolution (Annexure R-7/4) in accordance with provisions of law. [KANWALJIT SINGH AHLUWALIA] JUDGE November 15, 2010 rps 3