- (1.) The petitioners, who have been elected as Panches of Gram Panchayat Village Gandhian, Tehsil and District Gurdaspur, have filed this petition under Articles 226/227 of the Constitution of India for setting aside the election of respondent No.6 as Sarpanch of the aforesaid Gram Panchayat, on the ground that she was illegally elected as Sarpanch, without having any majority.
(2.) After arguing for some time, counsel for the petitioners states that in view of the disputed questions of facts raised in this writ petition and further in view of decision of this Court in Baljit Singh v. State of Punjab and others (CWP No. 13643 of 2008, decided on August 22, 2008), wherein it has been held that in view of Clause (b) of Article 243-O of the Constitution of India and Section 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the Act'), election of Sarpanch is to be challenged by filing an election petition under section 76 on the grounds mentioned in Section 89 of the Act, the petitioners may be permitted to withdraw this petition with liberty to avail the remedy of election petition.
(3.) However, counsel for the petitioners further submits that since the election petition was to be filed within 45 days from July 20, 2008, i.e. the date of election of the office of Sarpanch and within the said limitation on July 22, 2008, the petitioners had approached this Court and filed the present writ petition, therefore, in view of decision of the Hon'ble Supreme Court in Danda Rajeshwari v. Bodavula Hanumayamma and others, 1996 6 SCC 199, the petitioners may be permitted to file election petition within a period of three weeks from today and in case election petition is filed within three weeks, the same may be directed to be heard on merits by the Election Tribunal. Counsel for the respondents state that they have no objection, if the prayer made by counsel for the petitioners is accepted.;