CWP No.16103 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16103 of 2008 Date of Decision: 21.07.2010 **** Tarsem Chand and others . . . . Petitioners VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. NK Banka, Advocate for the petitioners Mr. H.S. Brar, Addl. AG Punjab for respondents No.1 to 4 Mr. Sherry K. Singla, Advocate for respondents No.5 to 9 Mr. Surmukh Singh, Advocate for respondents No.10-11 **** SURYA KANT J. (ORAL) (1). The petitioner impugns the resolution, whereby, the Managing Committee of SSD High School Maur Mandi, District Bathinda was elected on 19th May, 2007. It is not in dispute that during the pendency of this writ petition, the statutory term of thre years of the above- mentioned Managing Committee has expired and thereafter the District Education Officer, Bathinda is stated to have been appointed as the Administrator of the School. (2). Though the writ petition in a way has been rendered infructuous, however, learned counsel for the petitioner CWP No.16103 of 2008.doc - 2 – submits and rightly so that the petitioners have leveled serious allegations against the Officers of the Education Department who got conducted the impugned election and in these circumstances fresh elections are required to be conducted under the supervision of an independent and impartial Observer. (3). There can indeed be no quarrel that the sanctity and purity of the election process needs to be maintained by ensuring fair and transparent procedure while conducting the election. The writ petition is accordingly disposed of with a direction to the Deputy Commissioner, Bathinda to get the fresh election process initiated under his direct supervision by ensuring that the election meetings are presided over as Observers either by him or by the Sub Divisional Magistrate. The Observer shall be entitled to seek re- imbursement of the entire election expenditure from the Management of the School. The fresh election shall be got conducted as early as possible and preferably within a period of three months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 21.07.2010 vishal shonkar CWP No.16103 of 2008.doc - 3 –