High Court Stays Panchayat Polls In Parts Of Punjab; Slams State For 'Blatant Abuse Of Power', Says Attempt Made To Destroy Fair Election

The Punjab & Haryana High Court yesterday slammed the Punjab Government for "blatant abuse of power" of the state machineries in the upcoming Panchayat Elections, at the stage of filing of nomination papers. It has put an interim stay on further election proceedings in relation to villages involved in the petition.

The polls were set to be held on October 15.

A vacation bench of Justice Sandeep Moudgil and Justice Deepak Gupta noted that candidates were declared winners "unopposed" even before commencement of elections, by arbitrarily rejecting nomination papers of other candidates. In some cases officials of the "governing party in the State" tore nomination papers and claimed that papers were lost. In some other cases, nomination papers were rejected without reasons or for false reasons.

Most "winners" declared after such actions were seen celebrating with CM Bhagwant Singh Mann or AAP MLAs, Court noted from the photographs produced before it. It held that no candidate can be declared winner unopposed because voters have the option of "NOTA".

It is "unconstitutional and abuse of process of law prima facie as can be made out by this Court particularly in the light of fact that voting opportunity has to be provided to the voters with the option to cast vote either for the left out candidate in the contest or for NOTA...The right to vote though is neither a fundamental right constitutional right but a statutory right which cannot be taken away even in favour of NOTA," Court said.

It continued, "Ours is a democratic country which is all about having choice with free will and such choice can only be expressed by using this statutory right to vote. Action of the State of Punjab has not only imposed restrictions on such right of the voters and electorals but is also an attempt to destroy the basic structure of our constitution i.e. free and fair election as its essence which necessarily has within its ambit the right of an elector to use it without fear of duress or coercion."

The development comes in a batch of over 250 petitions. Court noted that neither any opportunity of hearing was provided nor any inquiry was conducted regarding alleged doubt on the information furnished by candidates whose nominations were rejected. "...no opportunity for making good of any clerical error/minor discrepancies has been given which are not even the grounds of disqualification under Sections 38 and 39 of the Act of the Punjab Panchayati Raj Act, 1994," it said.

"The declaration of certain candidates as unopposed without going to the date of polling takes away voters right i.e. not to vote for any candidate which has been considered extremely important in democracy by the Hon'ble Apex Court in People's Union for Civil Liberties's case (supra), wherein such malpractice is prima facie apparent on the record interference by the High Court exercising its powers under Article 226 of the Constitution would not mean by any stretch to say that it is “calling in question an election”, added the division bench.

Court opined that elections at the local participatory level act as a microcosm in the democratic structure, and it is to be ensured as a free and fair electoral process.

While staying the elections of the places which were challenged in the plea till the next date, the Court said, "It is imperative to maintain the legitimacy of and trust in representative democracy which warrants for issuance of an interim order and, therefore, further process in the election in question before this court confined to the present bunch of writ petitions is hereby stayed till the next date of hearing."

The matter is listed on October 16, for further consideration.

Title: RAMANJEET KAUR V/S STATE OF PUNJAB AND ORS [with connected matters]

Click here to read/download the order