IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1310 of 2009 (O&M) Date of Decision : 11.8.2010 Gorakh Singh ....Petitioner Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.J.S.Dadwal, Advocate for the petitioner. Mr.B.B.S.Teji, Sr.DAG, Punjab. ..... MAHESH GROVER, J. C.M.No.8648 of 2010 is allowed and Dharminder Singh son of Jarnail Singh, resident of Jogi Majra, Block Dehlon, District Ludhiana is permitted to be impleaded as respondent No.5. Office is directed to make the necessary correction in the title of the writ petition. The grievance of the petitioner in the writ petition is that in the panchayat election held on 22.6.2008 he was declared elected and that subsequently notification in favour of respondent No.5 was issued. In the written statement filed by respondents No.1, 3 and 4 it has been pointed out that respondent No.5 got 38 votes whereas the petitioner got 26 votes and said respondent No.5 was declared elected, but due to inadvertence while filling up the papers the name C.W.P.No.1310 of 2009 (O&M) -2- of the petitioner had been mentioned as the candidate who was elected. The petitioner has not been able to show any material from where it could be inferred that the averments made in the written statement and the stand brought out therein is incorrect. The petition, therefore, raises a disputed question of fact which cannot be determined in a petition under Articles 226/227 of the Constitution of India. Even otherwise, the petitioner has a remedy by filing an election petition before the Election Tribunal. Disposed of with the liberty to the petitioner to invoke the jurisdiction of the Election Tribunal. 11.8.2010 (MAHESH GROVER) JUDGE dss