The High Court dismissed a writ petition challenging a Panch election. The Court held that after the election, the exclusive remedy is an election petition under the Punjab State Election Commission Act, 1994.
The petition was dismissed as the petitioner was advised to file an election petition instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 14068 of 2008
DATE OF DECISION: AUGUST 11, 2008
Rajender Kumar
.....PETITIONER
Versus
State of Punjab and others
....RESPONDENTS
CORAM : HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. C.L. Pawar, Advocate, for the petitioner.
SATISH KUMAR MITTAL, J. (Oral)
The petitioner, who is one of the resident of village Nawan Pind Sardaran, District Gurdaspur, has filed this petition for setting aside the election of respondent No.6 as Panch, with a further direction to respondents No.1 to 4 not to give oath to respondent No.6 if he is elected as Sarpanch of village Nawan Pind Sardaran, District Gurdaspur.
In the petition, it has been alleged that respondent No.6 was not eligible to contest the election of Panch and he had committed many offences during the period when he remained as Sarpanch of another village. It has also been alleged that the said respondent is having two voter cards from two different villages, therefore, he was not eligible for contesting the election of Panch from village Nawan Pind Sardaran, District Gurdaspur.
C.W.P. No. 14068 of 2008 -2-
After hearing the counsel for the petitioner and going through the contents of the petition, we are of the opinion that after the election of respondent No.6 as Panch, the only remedy available to the petitioner is the election petition. The petitioner can avail the said remedy by filing an election petition under Section 76 of the Punjab State Election Commission Act, 1994 on the grounds mentioned in Section 89 of the said Act.
In view of the above, we are not inclined to entertain this
petition.
Dismissed.
(SATISH KUMAR MITTAL) JUDGE August 11, 2008 ( DAYA CHAUDHARY ) vkg JUDGE
1 issue framed by the court
Whether a writ petition filed to set aside the election of a Panch is maintainable given that a specific election petition remedy exists.
2 provisions across 1 enactments
Rajender Kumar
State of Punjab
Satish Kumar Mittal
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
