SATISH KUMAR MITTAL, JASWANT SINGH
Makhan Singh – Appellant
Versus
State of Punjab – Respondent
SATISH KUMAR MITTAL, J.
1. The petitioner, who was elected as Panch of Gram Panchayat, Village Holanwali, Tehsil Zira, District Ferozepur, in the elections held on 26.5.2008, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the interim order dated 18.7.2008, passed by the Election Tribunal, Ferozepur, whereby the petitioner has been restrained from working as Panch of the aforesaid Gram Panchayat during the pendency of the election petition. A direction has also been sought to allow the petitioner to work and discharge the duties of Panch of the Gram Panchayat.
2. The brief facts of the case are that in the elections held on 26.5.2008, the petitioner was elected as a Panch of the Gram Panchayat against the seat, meant for General category. His name was notified as elected Panch of the Gram Panchayat and he was also administered the oath of allegiance under Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act').
3. On 25.7.2008, Jatinder Pal Singh (respondent No.4 herein) filed an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as
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