'Unfortunate': P&H HC On Phagwara Mayoral Polls Not Being Conducted On Time Despite Court Order, Appoints Ex-Judge As Independent Observer

Observing that it is an unfortunate situation where despite clear and categorical directions, the State-authorities instead of complying with the directions gave rise to a second round of litigation, the Punjab & Haryana High Court appointed a former High Court judge as an independent observer for Punjab's Phagwara Municipal Corporation (MC) Elections.

On January 24, the Court directed to conduct the first meeting of Councillors for conducting Mayoral Polls for Phagwara MC. However, the same was not conducted allegedly on account of the ruckus created in the meeting.

Justice Sudhir Singh and Justice Sukhvinder Kaur said,  "The fact remains that when this Court had issued clear directions to the respondent-authorities to conduct the election in question on the scheduled date and time as per the notice dated 22.01.2025 issued by the Commissioner, Municipal Corporation, Phagwara, the respondents cannot be heard saying that the election could not be conducted due to ruckus in the meeting."

Speaking for the bench Justice Sudhir Singh said when the Court had specifically directed the respondent-authorities to do the needful, such an excuse was not acceptable.

"Even if it is taken that there was a ruckus, then also the respondent-State was possessed of sufficient men and machinery to conduct the election and the stand taken by them is nothing, but an attempt to wriggle out of their duties and responsibilities. The conduct of the respondent-authorities is contemptuous in nature and they are required to be proceeded against accordingly," the bench added.

During the hearing, State counsel submitted that a fresh notice had been issued on 28.01.2025 by the Divisional Commissioner, Jalandhar, fixing the date of the meeting of the Municipal Corporation, Phagwara on 01.02.2025 at 04:00 P.M. for the purposes of oath-taking ceremony, and election to the posts of Mayor, Deputy Mayor and Senior Deputy Mayor, of the Corporation.

The bench took note of the Apex Court's decision to appoint an independent observer for the Chandigarh MC Election.

Consequently, while disposing of the plea the Court issued a slew of directions and appointed Justice Harbans Lal, former Judge of the High Court, as an independent observer for conducting Mayoral Polls.

Mr. M.S. Saini, Advocate with Mr. K.S. Jhikka, Advocate for the petitioner.

Mr. Kuljit Singh, Addl. A.G., Punjab and Mr. G.P.S. Bhullar, AAG, Punjab.

Bikram Singh v. State of Punjab & Ors 

Click here to read/download the order