MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who was elected as Panch of Gram Panchayat, Village Holanwali, Tehsil Zira, District Ferozepur, in the elections held on 26.5.2008, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the interim order dated 18.7.2008, passed by the Election Tribunal, Ferozepur, whereby the petitioner has been restrained from working as Panch of the aforesaid Gram Panchayat during the pendency of the election petition. A direction has also been sought to allow the petitioner to work and discharge the duties of Panch of the Gram Panchayat.

(2.) THE brief facts of the case are that in the elections held on 26.5.2008, the petitioner was elected as a Panch of the Gram Panchayat against the seat, meant for General category. His name was notified as elected Panch of the Gram Panchayat and he was also administered the oath of allegiance under Section 13 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(3.) AFTER filing of the said election petition, respondent No. 4 filed CWP No. 11827 of 2008 in this Court for directing the Punjab State Election Commission not to allow the petitioner to participate in the election of Sarpanch of the Gram Panchayat, as the election petition challenging his election as Panch is pending before the Election Tribunal. This Court, vide order dated 11.7.2008, disposed of the said writ petition with a direction to the Election Tribunal to decide the election petition expeditiously within three months, with a further liberty to respondent No. 4 to move an application before the Election Tribunal to obtain an interim relief for restraining the petitioner from functioning as a Panch. Consequently, respondent No. 4 filed the application for restraining the petitioner from performing his duties as Panch. The Election Tribunal vide its order dated 18.7.2008 stayed the working of the petitioner as Panch of the Gram Panchayat.