IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.W.P. No. 16782 of 2008

DATE OF DECISION : 19.11.2008

Makhan Singh

.... PETITIONER

Versus

State of Punjab and others

..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. K.S. Sidhu, Advocate,

for the petitioner.

Mr. N.D.S. Mann, Addl. A.G., Punjab,

for respondents No.1 to 3.

Mr. Sukhdev Raj Kamboj, Advocate,

for respondent No.4.

* * *

SATISH KUMAR MITTAL , J.

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

CWP No. 16782 of 2008

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Panchayat.

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').

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 `the State Election

Commission Act') before the Additional Deputy Commissioner, exercising

the powers of the Election Tribunal, challenging the election of the

petitioner as Panch of the Gram Panchayat, on the ground that he was

disqualified under provisions of the Act to contest the election, as he was

working as Security Guard (Contractual) with BSNL.

After filing of the said election petition, respondent No.4 filed

CWP No. 11827 of 2008 in this Court for directing the Punjab State

Election Commission not to allow the petitioner to participate in the

election of Sarpanch of the Gram Panchayat, as the election petition

challenging his election as Panch is pending before the Election Tribunal.

This Court, vide order dated 11.7.2008, disposed of the said writ petition

with a direction to the Election Tribunal to decide the election petition

expeditiously within three months, with a further liberty to respondent No.4

to move an application before the Election Tribunal to obtain an interim

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relief for restraining the petitioner from functioning as a Panch.

Consequently, respondent No.4 filed the application for restraining the

petitioner from performing his duties as Panch. The Election Tribunal vide

its order dated 18.7.2008 stayed the working of the petitioner as Panch of

the Gram Panchayat.

Prior to that, Bachittar Singh and Kulwant Kaur Panches filed

CWP No. 12400 of 2008 in this Court to the effect that they along with

petitioner Makhan Singh constitute majority of 3 out of 5 Panches in the

Gram Panchayat, therefore, they be permitted to elect the Sarpanch of their

choice. However, the said petition was dismissed on the statement of

counsel representing the other group of Panches that Makhan Singh has

been debarred by the Election Tribunal from working as Panch, with the

observation that as long as the said order stands, those petitioners do not

enjoy majority.

Thereafter, petitioner Makhan Singh filed CWP No. 12733 of

2008 for quashing the interim order dated 18.7.2008 and the said petition

was dismissed by this Court on 24.7.2008, by passing the following order :

“In an earlier petition filed by Bachittar Singh and

another, C.W.P. No. 12400 of 2008, pet