'Surprising That Unelected Members Are Permitted To Run Show': HC Asks Punjab Chief Secy Why Civic Body Polls Were Not Held Despite Constitutional Mandate

The Punjab & Haryana High Court has expressed surprise at how unelected representatives were permitted to run the functions of the Punjab Municipality since no elections had been conducted since the last Municipal Councils and Corporations expired in December 2022 and January 2023 respectively.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It is surprising that no elections have been held till date at the Municipal Council as well as Municipal Corporation level thereby permitting unelected representatives to run the show."

The Court was hearing a batch of two Public Interest Litigations highlighting the Government's inaction in conducting the Municipal Council and Municipal Corporation elections in Punjab.

"In spite of the term of the last Municipal Councils as well as Municipal Corporations in the State of Punjab having expired in December, 2022 and January, 2023 respectively, no elections have been held till date despite there being a clear mandate in the Constitution of India as well as in the Punjab Municipal Corporation Act, 1976 for holding elections before the expiry of term of the elected body in Municipalities," the Court noted.

The Court also noted that the Punjab Government has not filed any response "except for taking refuge" of an order of the Supreme Court where it adjourned a plea challenging the delimiting exercise.

During the hearing the Court Ad. AG Punjab did not dispute that the Apex Court has not granted any stay on delimitation in their favour.

In light of the above, the Court directed the Punjab's Chief Secretary to file an affidavit explaining, "why no elections were held to the Municipal Councils as well as Municipal Corporations in the State of Punjab despite there being a Constitutional mandate?”

The matter is listed on September 23, for further consideration.

Mr. Bhisham Kinger, Advocate, for the petitioner in CWP-PIL-142-2024.

Ms. Sunaina, Advocate, for the petitioner in CWP-PIL-1-2024.

Mr. Anurag Chopra, Additional Advocate General, Punjab.

 Title: Beant Kumar alias Beant Kinger v. State of Punjab and others

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