IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11491 of 2008 DATE OF DECISION: SEPTEMBER 29, 2008 Harkanwal Singh 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.K.S.Boparai, Advocate, for the petitioners. Mr.N.D.S.Mann, Addl.A.G.,Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. The petitioners, who were elected as Panches of Gram Panchayat of Village Pakhowal, have filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus directing the respondents not to hold the election of the Sarpanch of the Gram Panchayat till the seat of ninth member of the Panchayat is filled. Reply filed on behalf of respondents No.1 to 3,5 and 6 is taken on record. We have heard the arguments of the learned counsel for the parties. C.W.P. No.11491 of 2008 -2- In a similar case, this Court in CWP No.13418 of 2008, titled as “Jagtar Singh Versus State of Punjab and others”, decided on September 22, 2008 has held that the election of the Sarpanch of the Gram Panchayat cannot be kept in abeyance merely on the ground that out of seven Panches of the Gram Panchayat, one post of Panch remained vacant due to non- availability of a candidate. It has been further held therein that the election of all the Panches, who have been elected, cannot be kept pending for notification until all seats of the Panches are filled up as it may result into non-functioning of the Gram Panchayat. Further, if the election of the Panches, who have been elected in the election, has been notified and they have been administered oath or affirmation, the election of Sarpanch of the Gram Panchayat also cannot be kept in abeyance only on the ground that one seat of Panch of the Gram Panchayat is yet to be filled up. In view of the above, we do not find any merit in this petition and the same is hereby dismissed. (SATISH KUMAR MITTAL) JUDGE September 29, 2008 ( JASWANT SINGH ) vkg JUDGE