Supreme Court Issues Notice On Plea Challenging Punjab Panchayat Polls Over Alleged Irregularities

The Supreme Court yesterday issued notice on a plea alleging irregularities in the conduct of the Panchayat Elections in Punjab, held on October 15.

A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, seeking response from the Punjab government and State Election Commission. The matter is tentatively listed on November 19.

Earlier, on October 15, the Supreme Court had refused to stay the Panchayat polls, noting that they had already begun and staying at that point could lead to grave consequences and chaos.

Prior to that, the Punjab and Haryana High Court dismissed over 800 writ petitions challenging the Panchayat elections on the ground of alleged arbitrary rejection of nomination papers filed by the candidates. The present petition has been filed challenging this decision.

Initially, a vacation bench of the High Court had stayed the election proceedings, noting 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.

However, the stay was vacated later by the High Court, and as the Supreme Court also did not pass a stay order, the polls took place on October 15.

The present petition, besides setting aside of the High Court's decision (which dismissed their writ), seeks a stay on declaration of candidates shown in the Scrutiny Report as "elected uncontested".

What Does The Petition Say?

The petitioners, belonging to Scheduled Caste category, allege that they had gone to Jalalabad to file nomination papers for the Panchayat polls, but they were assaulted by supporters of the Aam Aadmi Party and prevented from filing the same.

It is claimed that Deputy Superintendent of Police, Jalalabad (West) snatched the nomination papers from them and took those away. The petitioners assail that despite their complaints, a Scrutiny Report was published on 05.10.2024 without grant of any opportunity of filing nomination to them.

It is mentioned that an FIR has been registered under Sections 304(2), 74, 115(2), 127(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 with regard to the allegations.

Grounds taken

The petitioners have raised the following grounds in support of their challenge to the polls and the High Court's order dismissing their writ:

♦ The High Court stayed the election process vide order dated 09.10.2024 and listed the matter for 16.10.2024. However, the final hearing was preponed without adequate notice or opportunity of hearing to the petitioners and the petition dismissed on 14.10.2024. The same was perverse and bad in law;

♦ The Returning Officer was informed about the alleged irregularities, however, no action was taken. The same indicates biased conduct of the Returning Officer;

♦ An FIR has been registered at Jalalabad pertaining to the allegations. However, without conducting investigation into the same, perpetrators are being declared "elected uncontested". The same is a mockery of the democratic process;

♦ The High Court failed to appreciate that the seat of Sarpanch/Panch of Gram Panchayat Chak Sohna Sandar is a reserved seat for female candidate belonging to Scheduled Caste category. The petitioners, belonging to the said category, were prevented from filing nominations within the sight and knowledge of the Returning Officer.

The petition has been filed through Advocate-on-Record Ajit Pravin Wagh.

Case Title: SUNITA RANI AND ORS. Versus STATE OF PUNJAB AND ORS., Diary No. 47900-2024

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