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Bharpoor Singh & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC7 Aug 2008CWP/13882/2008

Case brief

AI extract

What is this about?

A writ petition was filed by election Panches seeking directions for a fair Sarpanch election under the Punjab Panchayati Raj Act. The High Court directed the State to complete the election within seven days after prior notice.

What did the court decide?

Direction to respondent No.2 to conduct Sarpanch election within seven days after three days' notice to Panches in the village.

Bharpoor Singh & Ors. Vs State of… — Pension and Retirement Benefits | 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. 13882 of 2008

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DATE OF DECISION : 07.08.2008

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Bharpoor Singh and others

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.... PETITIONERS

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Versus

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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. S.S. Brar, Advocate, for the petitioners.

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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 Jiwanpur, Tehsil and District Ludhiana, have filed this petition under Articles 226/227 of the Constitution of India for issuing directions to the official respondents to hold the election of Sarpanch in a fair manner in accordance with the provisions of the Punjab Panchayati Raj Act, 1994.

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It is case of the petitioners that on 22.7.2008, a meeting of the Panches for election of Sarpanch was called, but nothing happened on that

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CWP No. 13882 of 2008

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day, in spite of the fact that all the petitioners were present. Thereafter, another meeting was called for 24.7.2008. On that day again, election of the Sarpanch did not take place.

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Counsel for the petitioners has stated at bar that till date, no Sarpanch to Gram Panchayat, village Jiwanpur, has been elected. In this regard, an affidavit of petitioner No.1 Bharpoor Singh has also been filed in Court today and the same is taken on record.

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Notice of motion.

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On our asking, Mr. N.S. Virk, Addl. Advocate General, Punjab, who is present in Court, accepts notice on behalf of respondents No.1 to 4.

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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 Jiwanpur, Tehsil and District Ludhiana 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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CWP No. 13882 of 2008

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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 07, 2008 ( DAYA CHAUDHARY ) ndj JUDGE

Bharpoor Singh & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Bharpoor Singh & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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