VIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition seeks to challenge the declaration of respondent No. 4 as the duly elected Sarpanch of village Misriwala on the 23rd of August, 1978. In the return, it has been averred that the oath of office was duly administered to respondent No. 4 and he has been functioning as such. It has also been averred on behalf of the respondents that in fact the election of respondent No. 4 stands already challenged by way of election petition filed by Sardul Singh, one of the candidates who contested the election.

(2.) Admittedly, an election petition to challenge the election of a Sarpanch lies under the Gram Panchayat Act and the Rules thereunder. Apart from Article 226(3), a further bar is provided by Section 13-B of the Gram Panchayat Act, 1952, which is in the following terms :-

(3.) The main grievance of the petitioners is the violation of the Rules for the election on the basis of which they seek to challenge the election of respondent No. 4. An election petition is expressly provided in the case of violation of the Act and the rules thereunder. The broad allegations of fact made by the writ-petitioners have been denied on behalf of the respondents raising contentious issues of fact as well. In this context we are constrained to hold that the petitioners should be relegated to their remedy by way of an election petition. Dismissed.