HARCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been preferred seeking issuance of an appropriate writ, order or direction for quashing the action of the respondents to hold election to only seven posts of Panches in Gram Panchayat Village Ghuda and not to all nine posts, of which the Gram Panchayat compromises.

(2.) The challenge has been made on the ground that two posts of Panch were treated to have been filled as unopposed earlier. Later, however, the election was countermanded. According to learned counsel, once the election is countermanded, all the seats are deemed to have fallen vacant and the notification now issued, should have been for all the nine posts so vacated as a result of countermanding of the election.

(3.) Learned counsel for the State has, however, opposed the prayer made by the petitioner and has referred to affidavit filed today on behalf of respondent No.2. He submits that question of law, which has been raised in the present petition, has been decided by this court in CWP No.10547 of 2008 titled as "Balwinder Singh vs. The State of Punjab & others", decided on 23rd December, 2008. He has referred to operative portion of the judgment delivered in the said case and submits that the instant case is covered by ratio of the said judgment.