JASVIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have invoked writ jurisdiction of this Court under Articles 226 of the Constitution of India assailing order dated 1.8.2008 (Annexure P-7) passed by the Deputy Commissioner, Muktsar.

(2.) Brief facts of the present case are that on 31.7.2008 election of Sarpanch of Village Mann, District Muktsar was held in which petitioner was declared elected. On 1.8.2008, learned Deputy Commissioner, Muktsar - respondent No. 3 pleased to pass impugned order which reads as under :-

(3.) Mr. Jasmeet Singh, learned Counsel for the petitioners argued that election could have been challenged by way of filing the election petition and Deputy Commissioner, Muktsar has absolutely no jurisdiction under the Punjab Panchayati Raj Act, 1994 or under State Election Commission Act, 1994 to quash/set aside the election. Learned Counsel for the petitioners further argued that an elected candidate can not be removed without adopting due procedure of law.