N.C.Jain and Amarjeet Chaudhary JJ.

1. Since the point involved herein is a short one, we have thought it appropriate to dispose of the Writ Petition at the motion hearing.

2. In an election petition under Section 13(c) of the Punjab Gram Panchayat Act, 1952 read with Rule 42 of the Punjab Gram Panchayat Election Rules, the election of the petitioner as panch of the Gram Panchayat has been challenged by respondent No. 2 before the Executive Magistrate Samana, District Patiala. During the pendency of the election petition, the petitioner has been restrained from participating in the proceedings of the Gram Panchayat vide order Annexure P.1 and it is the legality and validity of this order which is the subject matter of challenge in this writ petition before us.

3. Mr. Surjit Singh, Senior Advocate, learned counsel for the petitioner has argued that the petitioner could not be restrained from participating in the proceedings of the Gram Panchayat during the pendency of the election petition in which it has yet to be seen whether a good ground for setting aside his election is made out. The impugned order has been defended by the counsel for respondent No. 2 Mr. P.S. Bhangu on