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2025 DAILYLAW 67137 (PNJ)

PALVINDER KAUR v. STATE OF PUNJAB AND OTHERS

CWP/16847/2025 · 2025-08-07

Harsimran Singh Sethi, Vikas Suri

body2025

Judgment text

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CM-11128-CWP-2025 in/& -1- CWP-16847-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 CM-11128-CWP-2025 in/& CWP-16847-2025 Date of Decision :07.08.2025 Palvinder Kaur ...Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Harpreet Singh Multani, Advocate for the petitioner. Mr. T.P.S. Chawla, Senior DAG, Punjab. Mr. Vijay Kumar Chaudhary, Advocate for respondents No. 6 & 7. Mr. R.S. Randhawa, Advocate for applicant-Baljit Kaur in CM-11128-CWP-2025. * * * Harsimran Singh Sethi, J. (Oral) 1. Learned counsel for the petitioner submits that in the present petition, the grievance being raised by the petitioner is that she had competed for the post of Sarpanch in the election of Gram Panchayat, which was held in October, 2024 and though, on the basis of interim order passed in CWP-26441-2024, which petition was filed by certain candidates including one Baljit Kaur, they were allowed to compete in the said election under the interim order dated 10.10.2024 passed by the Division Bench of this Court in said writ petition and in pursuance of said order, as said Baljit AARTI SHARMA 2025.08.11 16:19 I attest to the accuracy and integrity of this document CM-11128-CWP-2025 in/& -2- CWP-16847-2025 Kaur contested the election and got more votes which consequently dismissed vide order dated 14.10.2024 in CWP-26745 of 2024 and connected cases, she claimed that she has a right to be appointed as Sarpanch for which purpose, a writ petition being CWP-30705-2024 was filed by said Baljit Kaur but, the said writ petition was ultimately withdrawn by her hence, the petitioner is the only eligible candidate for appointment to the post of Sarpanch, who has to be declared as the elected candidate and consequently to be given the charge of the post of Sarpanch of the village concerned. 2. Learned counsel for the petitioner submits that despite repeated request, six months have passed but the State of Punjab is not deciding the grievance being raised by the petitioner by way of filing a representation dated 18.11.2024, copy of which has been attached with the present petition as as Annexure P/14. 3. Learned counsel for the petitioner submits that the petitioner will be satisfied, at this stage, in case a direction is issued to the respondent- State of Punjab to decide the same by passing an appropriate speaking order in a time bound manner. 4. Notice of motion. 5. On the asking of the Court, Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent-State and submits that the representation dated 18.11.2024, (Annexure P/14) filed by the petitioner will be decided by the respondent-State by passing an appropriate speaking order within a period of 04 weeks from the date of the receipt of copy of this order. In case, it is AARTI SHARMA 2025.08.11 16:19 I attest to the accuracy and integrity of this document CM-11128-CWP-2025 in/& -3- CWP-16847-2025 found feasible to accept the claim of the petitioner, the same will be accepted, otherwise, due reasons for not accepting the claim of the petitioner will be mentioned in the speaking order so passed which order will be conveyed to the petitioner for her information and necessary action. 6. Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondent-State of Punjab, the present petition may kindly be disposed of having been not pressed any further. 7. Ordered accordingly. CM-11128-CWP-2025 8. Learned counsel for the applicant submits that as the writ petition has been disposed of, present application may also be disposed of having been not pressed any further with liberty to the applicant to approach the State of Punjab so that the stand of the applicant be also taken into account while deciding the representation filed by the petitioner. 9. Ordered accordingly. (HARSIMRAN SINGH SETHI) (VIKAS SURI) JUDGE JUDGE August 07, 2025 aarti Whether speaking/reasoned : Yes Whether reportable : No AARTI SHARMA 2025.08.11 16:19 I attest to the accuracy and integrity of this document