Sanjiv Kumar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.2788 of 2016 Date of Decision: February 11, 2016 Sanjiv Kumar ....Petitioner versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE RAJ MOHAN SINGH.

--- Present: Mr.Shailendra Jain, Senior Advocate with Ms.Mannu Chaudhary, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner questions the eligibility of respondent No.4 for the office of Sarpanch of Gram Panchayat, Village Babain, Tehsil Shahabad, District Kurukshetra. The election has already been held on 24.01.2016 in which the said respondent stands elected.

Since there is a statutory remedy of election petition available to the petitioner for which the Civil Court is notified as Election Tribunal, we decline to entertain this writ petition and relegate the petitioner to the above-stated alternative remedy. However, taking into consideration the totality of circumstances, it is directed that if any election MOHINDER KUMAR 2016.02.15 16:01 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.2788 of 2016 [2] petition is filed, the Election Tribunal shall make an endeavour to decide the same within a period of six months from the date of its filing. The petitioner shall be at liberty to take up all the pleas in the election petition.

The writ petition stands disposed of accordingly. Dasti.

[SURYA KANT] JUDGE February 11, 2016 [RAJ MOHAN SINGH] mohinder JUDGE MOHINDER KUMAR 2016.02.15 16:01 I attest to the accuracy and authenticity of this document Chandigarh