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CWP-10924-2026 (O&M) 1

141

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CWP-10924-2026 (O&M)

Date of decision: 21.04.2026

SANDEEP JAKHAR AND OTHERS

....Petitioners

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA

HON'BLE MR. JUSTICE ROHIT KAPOOR

*****

Present: Mr. S.P.S. Tinna, Advocate and

Mr. Akash Patyal, Advocate

for the petitioners.

Mr. Rahul Rampal, Addl. Advocate General, Punjab.

*****

ASHWANI KUMAR MISHRA, J. (Oral)

1. This petition has been filed challenging the election of Chairman

and Vice-Chairman of the Panchayat Samiti Khuian Sarwar at Abohar, Tehsil

Abohar, District Fazilka on 30.03.2026 primarily on the ground that the holding

of election is not in accordance with the Punjab Panchayati Raj Act, 1994 (for

short ‘1994 Act’).

2. At the outset, learned State counsel raises an objection to the

maintainability of the writ petition on the ground that the appropriate remedy for

the petitioners is to file an election petition. It is also stated that in somewhat

similar circumstances, writ petition No.CWP-8557-2026 titled as ‘Roop Singh

and others vs. The State of Punjab and others’, has been disposed of,

relegating the petitioners therein to avail the remedy of filing an election

petition.

3. Learned counsel for the petitioners, on the other hand, contends that

MOHIT GOYAL

2026.04.23 17:21

I attest to the accuracy and

integrity of this document

CWP-10924-2026 (O&M) 2

the election petition would not maintainable in the present case, as the election

of Chairman/Vice-Chairman is not conducted under the authority of the State

Election Commission, and that the statute since requires such meeting of

election to be convened by the Deputy Commissioner, as such, the remedy of

filing election petition before the Deputy Commissioner is otherwise not

available.

4. Though the issue has been examined in similar circumstances in the

case of Roop Singh and others (supra), yet we propose to dwell upon the

contentions advanced on behalf of the petitioners relying upon the provisions of

the 1994 Act itself.

5. Learned counsel for the petitioner has placed reliance upon the

provisions contained in Section 105 of the 1994 Act, which read as under:-

“105. Elections of Chairman and Vice-Chairman and term of

office. The Deputy Commissioner concerned, or any officer appointed by

him in this behalf, not below the rank of an Extra Assistant Commissioner,

shall call the first meeting of the Panchayat Samiti in the manner

prescribed, as soon as the election of all members of the Panchayat Samiti

is notified, to elect the Chairman and Vice-Chairman from amongst the

elected members.”

6. Relying upon the above provision, it is stated that since the Deputy

Commissioner or an officer appointed by him in this behalf, not below the rank

of Extra Assistant Commissioner, is to call the first meeting of the Panchayat

Samiti to elect the Chairman and Vice-Chairman from amongst the elected

members, as such the State Election Commission gets no jurisdiction to

determine election disputes arising out of the election of Chairman/Vice-

Chairman.

7. The argument advanced on behalf of the petitioners cannot be

MOHIT GOYAL

2026.04.23 17:21

I attest to the accuracy and

integrity of this document

CWP-10924-2026 (O&M) 3

sustained as we find such contention to be in teeth of the statutory provisions

applicable in the present case. We may indicate that the Panchayats have been

constituted under the provisions of the 1994 Act keeping in view the 73^rd and

74^th constitutional amendments. The Legislature has also enacted the Punjab

State Election Commission Act, 1994, which is a body constituted for vesting

the superintendence, direction and control of electoral rolls and for conduct of all

elections to the Panchayats and municipalities in the State of Punjab. The object

underlying the said Act, as enumerated in the statute, which reads as under:-

“An Act to provide for the constitution of the State Election

Commission and for vesting the superintendence, direction an