Punjab & Haryana HC Warns Of ₹50K Cost On Officer If Direction To Initiate Punjab Municipal Polls Is Not Complied In 10 Days

The Punjab and Haryana High Court has warned imposing a litigation cost of Rs.50,000 if direction to initiate the process of holding elections by notifying election programmes in all the Municipalities and Municipal Corporations in Punjab is not complied.

On October 14, the Court had issued a writ of mandamus to the Punjab's State Election Commission and Punjab Government to initiate the process of holding Municipal elections, within 15 days from the without conducting the fresh exercise of delimitation.

42 municipal councils and nagar panchayats are awaiting elections. In some municipalities elections have not taken place since four years.

Justice Harkesh Manuja while hearing the contempt plea observed, "Considering the fact that the direction to consider the claim of the petitioner was passed on 14.10.2024, a period of more than 22 days has gone by. In case, the compliance report is not filed within the aforesaid stipulated period (10 days), the Officer concerned shall appear before the Court through video conferencing and would reimburse litigation cost to the petitioner to the tune of Rs.50,000/- from his own pocket."

The Court issued notice on the contempt plea and noted that the State counsel requested for 10 days' to file the compliance report.

The contempt petition stated that the State has wilfully disregarded the directions of the High Court to initiate elections within the stipulated time, which  constitutes contempt of court.

The devision bench while issuing directions had said that, "the constitutional mandate requires that elections to constitute a Municipality shall be held before the expiration of a period of six months from the date of its dissolution as per Article 243U (3)(b)."

The matter is listed on November 21, for further consideration. 

Advocates Bhisham Kinger, Angrej Singh and Sukhcharan Singh Gill, Advocate for the petitioner.

 Title: BEANT KUMAR ALIAS BEANT KINGER V/S RAJ KAMAL CHAUDHURI AND OTHERS

Citation: 2024 LiveLaw (PH) 329

Click here to read/download the order