Dharampal v. State Of Punjab And ORS

-1CWP-661 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-661 of 2019 Date of Decision: 31.05.2022 Dharampal

...Petitioner

Versus

The State of Punjab and others ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present:- Mr. Simranjit Singh, Advocate, for Mr. L.S. Lakhanpal, Advocate, for the petitioner.

Ms. Anu Pal, DAG, Punjab.

Mr. Hitesh Chopra, Advocate, for respondents No.4 to 7.

RITU BAHRI, J. (ORAL) Through instant writ petition, petitioner has challenged the election of respondent No.7-Balbir Singh, who was elected as Sarpanch of Village Tonsa, Tehsil Balachaur, District SBS Nagar. On notice, reply dated 26.04.2019 on behalf of respondent No.3 was filed wherein preliminary objection was taken that under Article 243 (O)(b) of the Constitution of India there is a bar to interference by Courts in electoral matters and the only option with the petitioner to challenge the election is to file an election petition under the provisions of the Punjab State Election Commission Act, 1994 (for short 'the Act'). RAVINDER SINGH 2022.06.02 10:39 I attest to the accuracy and authenticity of this order/judgment

-2CWP-661 of 2019 As per Section 73 of the Act, Election Tribunals have been constituted and election can only be called under Section 74 of the Act. An election petition can be filed under Section 76 of the Act and further procedure to declare an election void has been given in Section 89 of the Act.

A Five Judge Bench of this Court in Prithvi Raj v. State Election Commission Punjab and others, 2007(3) RCR (Civil) 817, has held that jurisdiction of this Court is barred and only remedy available to the petitioner is to file an election petition in terms and conditions of the Act. Therefore, no case is made out to entertain this petition. Dismissed.

(Ritu Bahri) Judge (Ashok Kumar Verma) May 31, 2022 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2022.06.02 10:39 I attest to the accuracy and authenticity of this order/judgment