IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CWP. No. 15876 of 2009

Date of Decision: 15.10.2009.

Jasbir Kaur and others

--Petitioners

Versus

State of Punjab and others

--Respondents

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-

Mr. Sanjeev Sharma, Sr. Advocate with

Mr. Shekhar Verma, Advocate for the petitioners.

***

PERMOD KOHLI.J

(ORAL)

Notice of motion to respondents no.1 to 5 only.

Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept

notice on behalf of the respondents.

Petitioners no. 2, 3 and 4 are the elected Panches of Gram

Panchayat of village Soos, Tehsil and District Hoshiarpur. The election of

the Panchayat was notified for 26.5.2008. Petitioner no.1 also participated

in the election in the General Woman Category. It is alleged that her name

was, however, shown in General Category, which was meant for both male

and female. Petitioner lodged some complaint. The election of the

Panchayat was held and respondent no.7 was elected unopposed as Panch

from the the female General Category. Petitioner no.1 filed CWP No. 9828

of 2008 which was disposed of by this Court with a direction to the

respondents to decide the complaint filed by the petitioner. In the

meantime, respondent no.7 also filed CWP No. 11060 of 2008 for transfer

of the matter from respondent no.3. The said writ petition was, however,

dismissed vide order dated 19.9.2008. Respondent no.4 decided the

election petition vide order dated 4.11.2008 setting aside the election of

CWP. No. 15876 of 2009

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respondent no.7. Aggrieved of the aforesaid order respondent no.7 filed

FAO No. 5205 of 2009 before this Court. This Court vide order dated

12.2.2009 stayed the order passed by respondent no.4 setting aside the

election. The FAO is pending in this Court. It is alleged that even though

directions have been passed to decide the election petition within three

months. However, the same could not be decided. In the meantime, record

of FAO No. 5205 of 2009 is not traceable and the matter is pending under

consideration of the concerned court.

In the meantime, election for the post of Sarpanch has been

notified for 19.10.2009. The petitioners, who are also the panches of the

Gram Panchayat have filed this petition seeking to set aside the aforesaid

order and its stay primarily on the ground that, if, the election is held as

notified, the respondent no.7 may get elected as Sarpanch, though, her

election is subject matter of the aforesaid FAO.

I have heard Mr. Sharma, learned Senior Advocate appearing

on behalf of the petitioners. It is not in dispute that the order setting aside

the election of respondent no.7 has been stayed by this Court in the

aforesaid FAO and the matter is subjudiced. In these circumstances, the

writ court cannot decide anything regarding the status of respondent no.7.

Since the matter is subjudiced before the Court hearing the FAO, the

process cannot be stalled merely on apprehensions. There is no scope for

interference in the present writ petition. It is, however, ordered that the

election to the post of Sarpanch shall remain subject to outcome of the FAO.

With these observations, this petition is disposed of as such.

(PERMOD KOHLI)

JUDGE

15.10.2009

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