HARCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Amarjit Singh respondent No. 4 was appointed member of the Market Committee, Khanna on 17th September, 1975. Under Section 5(2)(iii) of the Punjab Panchayat Samitis & Zila Parishads Act, 1961, the said Market Committee falls within the area of the operation of Panchayat Samiti, Samrala. Members of the said Market Committee are eligible to be elected to the Panchayat Samiti, Samrala. On 25th November, 1975, respondent No. 4 was elected as a member of the Panchayat Samiti, Samrala. Harchand Singh, a member of the said Samiti, filed this petition under Articles 226/227 of the Constitution of India on 12th February, 1976, for the issuance of a writ of quo warranto against respondent No. 4. It may be pointed out that at the time of arguments learned counsel for the petitioner gave up prayer that respondent No. 4 be removed from the membership of the Market Committee, Khanna. The relief was limited to the quashing of the election of respondent No. 4 to the Panchayat Samiti, Samrala.

(2.) Learned counsel for respondent No. 4 raised a preliminary objection that Harchand Singh petitioner having failed to present the election petition within the prescribed period of 20 days was debarred from invoking the extraordinary jurisdiction of this Court. On the other hand, it is pointed out that the petitioner, being admittedly not a voter, did not possess the right to present the said petition. That being so, the preliminary objection is overruled.

(3.) With regard to the petitioner's locus standi to present the present petition, his learned counsel emphasised that the alternative remedy by way of filing an election petition was not available to him. Besides, urged the learned counsel, the petitioner prayed for issuance of a writ of quo warranto and not certiorari or mandamus. A number of decisions were cited before me in support of the petitioner's claim that a writ of quo warranto be issued in his favour. The latest of them is a Division Bench decision of this Court in Tarsem Lal V. The State of Punjab and others,1973 PunLR 770.