Joginder Kaur & Anr. v. State of Punjab & Ors.

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. M.S. Rai, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who are Panches of Gram Panchayat, Village Dhani Gumani Wala Khuh, Block and Tehsil Jallalabad, District Ferozepur, have filed this petition under Articles 226/227 of the Constitution of India, for setting aside the election of respondent No.5 as Sarpanch of the aforesaid Gram Panchayat. It has been alleged that respondent No.5 has been illegally declared elected as Sarpanch, contrary to the provisions of the rules, in spite of the fact that he was not having majority of the Panches in his favour. After hearing counsel for the petitioners and going through the contents of this petition, we are of the opinion that in this petition, the disputed questions of facts have been raised, which cannot be gone into in CWP No. 15169 of 2008 -2- the writ jurisdiction of this Court. This Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), has 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. In the facts and circumstances of the case, no exceptional case is made out to invoke the extra ordinary powers of this Court under Article 226 of the Constitution of India for setting aside the election of Sarpanch. Thus, we do not find any ground to entertain this petition. Dismissed. However, it will be open for the petitioners to avail the remedy of election petition under section 76 read with section 89 of the Act. If the election petition is filed by the petitioners in accordance with law, the Election Tribunal is directed to decide the same expeditiously. ( SATISH KUMAR MITTAL ) JUDGE August 28, 2008 ( JASWANT SINGH ) JUDGE