Dismissed

Zila Singh and Ors. v. State of Punjab & Ors.

Punjab & Haryana HC1 Sept 2008CWP/15224/2008

Case brief

AI extract

What is this about?

In this written complaint, the petitioners challenged the election of a Sarpanch via a writ petition under Articles 226/227 of the Constitution. The Court, noting the election had been notified, dismissed the petition, holding facts should be challenged through an election petition under Section 76 of the Punjab State Election Commission Act.

What did the court decide?

No writ relief granted; petitioners directed to file an election petition under Section 76 and 89 of the Act for expedited decision.

Zila Singh and Ors. Vs State of Punjab & Ors. — 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. 15224 of 2008

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DATE OF DECISION : 01.09.2008

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Zila 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 MR. JUSTICE JASWANT SINGH

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Present: Mr. H.S. Gharuan, Advocate, for the petitioners.

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SATISH KUMAR MITTAL , J. ( Oral )

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The petitioners, who are Panches of Gram Panchayat, Village Bashera, Tehsil Moonak, District Sangrur, have filed this petition under Articles 226/227 of the Constitution of India, for directing respondent No.2 to hold the meeting of Panches for the election of Sarpanch of the aforesaid Gram Panchayat.

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Today, counsel for the petitioners has informed this Court that the election of Sarpanch of the aforesaid Village has been notified.

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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 the writ jurisdiction of this Court. This Court in Baljit Singh v. State of

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CWP No. 15224 of 2008

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-2-

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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, since the election of Sarpanch has already been notified, therefore, 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.

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Dismissed.

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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.

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( SATISH KUMAR MITTAL ) JUDGE

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September 01, 2008 ( JASWANT SINGH ) ndj JUDGE

Zila Singh and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Zila Singh and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

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