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Maninderjeet Kaur and Ors. v. State of Punjab etc.

Punjab & Haryana HC6 Aug 2008CWP/12746/2008

Case brief

AI extract

What is this about?

Petitioners, elected Panches, sought writ directions for a free and fair Sarpanch election in their village, which had been repeatedly postponed. The court ordered the election to be conducted within seven days with prior notice.

What did the court decide?

Direction to respondent to conduct the Sarpanch election within seven days after giving three days' prior notice to all Panches at the village level.

Maninderjeet Kaur and Ors. Vs State of Punjab etc. — Election Law | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.W.P. No. 12746 of 2008

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DATE OF DECISION : 06.08.2008

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Maninderjit Kaur and others

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.... PETITIONERS

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Versus

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The State of Punjab and others

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..... RESPONDENTS

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CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present: Mr. R.S. Pandher, Advocate, for the petitioners.

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Mr. N.S. Virk, Addl. A.G., Punjab, for respondents No.1 to 5.

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SATISH KUMAR MITTAL , J. ( Oral )

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The petitioners, who have been elected as Panches of Gram Panchayat, Village Khuddian Gulab Singh, Tehsil Malout, District Muktsar, have filed this petition under Articles 226/227 of the Constitution of India for issuing directions to respondents No.2 and 5 to ensure free and fair election of Sarpanch in accordance with the provisions of the Punjab Panchayati Raj Act, 1994, which has not been conducted so far.

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It is case of the petitioners that on 15.7.2008, election of Sarpanch was postponed by the Presiding Officer due to lack of quorum to

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CWP No. 12746 of 2008 -2-

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17.7.2008. On 17.7.2008, again the election was postponed without giving any new date.

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Counsel for the petitioners has stated at bar that till date, no meeting for electing the Sarpanch has been convened. We have heard counsel for the parties.

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In a similar case i.e. CWP No. 12694 of 2008, titled as Gurmeet Singh versus State of Punjab and others, decided on July 23, 2008, this Court has issued general directions to conduct the election of the Sarpanch in accordance with the provisions of the Punjab Panchayati Raj Act, 1994.

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Keeping in view the said direction, we dispose of this petition with a direction to respondent No.2 that if the election of Sarpanch of Gram Panchayat, Village Khuddian Gulab Singh, Tehsil Malout, District Muktsar, has not been held so far, the same be conducted within a period of seven days, after giving three days' prior notice to all the Panches, in accordance with the directions, already given by this Court in CWP No. 12694 of 2008. It is further directed that election of the Sarpanch will be held in the Village itself.

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Copy of this order be given dasti to counsel for the parties under the signatures of the Bench Secretary.

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( SATISH KUMAR MITTAL ) JUDGE

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August 06, 2008 ( DAYA CHAUDHARY ) ndj JUDGE

Maninderjeet Kaur and Ors. v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Maninderjeet Kaur and Ors. v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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