Beant Kumar @ Beant Kinger v. State Of Punjab And Others

2024:PHHC:042173-DB CWP-6931-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6931-2024 (O&M) Date of decision: March 22, 2024 Beant Kumar @ Beant Kinger ....Petitioner versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. Bhisham Kinger, Advocate for petitioner.

Ms. Harpriya Khaneka, DAG Punjab.

***** SUDHIR SINGH, J. (ORAL) Petition herein is, inter alia, for issuance of a writ in the nature of Mandamus for directing respondents No.1 to 4 to immediately issue fresh notification with scheduled timing for conducting Municipal Election/ ByeElection in Ward No.18, Malerkotla. 2.

Learned counsel for the petitioner submits that for redressal of his grievance, petitioner has already moved a representation dated 06.03.2024 (Annexure P-2) to the concerned authority, but the same has not been adverted to by the respondents till date.

3.

On the other hand, on advance service of copy of petition, learned State counsel appears and opposes issuance of notice of motion. She submits that grievance of the petitioner will be looked into by concerned authority and it shall take decision either way, on the pending representation dated 06.03.2024 (Annexure P-2) of the petitioner. She also submits that due to the notification issued in respect to the ensuing parliamentary elections and enforcement of MAHAVIR SINGH 2024.04.02 15:15 I attest to the accuracy and authenticity of this order/ judgment

2024:PHHC:042173-DB CWP-6931-2024 (O&M) election Code of Conduct, it won't be possible to decide the aforesaid representation, immediately. She undertakes that once the parliamentary elections are over, aforesaid representation of the petitioner will be considered, within a period of 15 days, by passing a reasoned order. 4.

At this stage, learned counsel for the petitioner also seeks a decision on the pending representation, as suggested by learned State counsel. 5.

Given the nature of order being passed, there is no necessity to seek reply by any of the respondents as no further proceedings and/ or pleadings are required.

6.

Without commenting on the merits of the case and considering the relief sought for herein, the writ petition is disposed of with a direction to the competent authority to consider representation dated 06.03.2024 (Annexure P-2) of the petitioner and pass an appropriate reasoned order, in accordance with law, as suggested by learned State counsel aforesaid. 7.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE March 22, 2024 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2024.04.02 15:15 I attest to the accuracy and authenticity of this order/ judgment