Election disputes, including those related to the election of Sarpanch, are not amenable to challenge under Article 226/227 of the Constitution of India. The appropriate remedy is to file an election petition.

Amarjeet Chaudhary, J.

1. In this petition, the petitioner-Jang Singh, who is resident of Village Malikpur, Tehsil and District Mansa, has challenged the election of respondent No. 4, who was declared elected for the office of Sarpanch of Village Malikpur, Tehsil Mansa. The election has been impugned on the ground that the votes of certains persons, who are reported to have died or are serving in the Army and posted outside the village, have been polled. In order to substantiate the allegation, the petition has placed on record lists of persons, who according to the petitioner, are dead or are serving in the Army and were not present in the village on the day of polling and their votes have been polled at the behest of Ex-Minister Baldev Singh.

2. The other plea of the petitioner is that the Returning Officer had submitted a complaint to the Deputy Commissioner, Mansa, in which he had stated that the Ex-Minister and his supporters had threatened him of dire consequences.

3. The argument of the learned counsel for the petitioner is that the election was not fair and coercive methods were adopted by the returned candidate, his supporters and Ex-Minister, Baldev Singh.

4. Respondent No. 2, Dr. Swaran Singh, Deputy Commissioner, Mansa has filed written statement on behalf of respondents 1 to 3, controverting the stand of the petitioner. Respondent No. 3 has also filed separate reply in which he has stated that he had made a complaint to the Deputy Commissioner, to the effect that supporters of respondent No. 4 had not allowed to conduct the election smoothly.

5. Learned counsel for the returned candidate as well as State counsel have argued with vehemence that the election of the Sarpanch is not amendable to challenge under Article 226 of the Constitution of India as disputed question of facts as alleged by the petitioner cannot be gone into in writ jurisdiction. The remedy available to the petitioner was to challenge the election by way of election petition.

6. This Court has given thoughtful consideration to the respective submissions made at the Bar by learned counsel for the parties and perused the paper book. After considering the same, this Court is of the considered view that the election to the post of Sarpanch is not amendable to challenge under Article 226/227 of the Constitution of India. In this petition, the petitioner has produced a list of certain persons who are reported to have died and another list of such persons, alleged to have been serving in the Army and were not present in the village on the day of polling. Whether the votes of such persons (alleged to have died or serving in the Army) the names of whom are given in the lists, copies of which are Annexures P-1 & P-2 to the writ petition, were polled and whether-Bal-dev Singh, who is Ex-Minister had adopted coercive methods are disputed questions of fact, which cannot be gone into on writ jurisdiction side. These can only be proved by adducing evidence. The other important aspect of the matter is that the petitioner has not impleaded Baldev Singh, Ex-Minister as a party, who was the necessary party to the dispute as some allegations were also levelled against him. Had he been impleaded as a party, he would have been the best person either to deny or to repudiate the allegations.

7. Article 243(o) of the Constitution provides that no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.

8. The Supreme Court in N.P. Ponnuswamy v. The Returning Officer, Namakkal Constituency, A.I.R. 1952 S.C. 64, has held that the entire process of election commences from inviting nomination papers and ends with the declaration of the election. Section 13(B) of the Gram Panchayat Act, 1952 provides:-

"13-B. Election Petitions. No election of a Sarpanch or Panch shall be called in question except by an election petition