High Court Says Punjab Govt Not Conducing Municipal Elections In Certain Areas Without Seeking Extension From SC May Amount To 'Contempt'

It is unfortunate to note that the Punjab Government has not filed any application before the Apex Court seeking extension of time line prescribed for conduction Municipal Corporation election in the State, the Punjab & Haryana High Court has remarked.

The development comes in a plea filed highlighting that after High Court's and Supreme Court's intervention, the Punjab Election Commission issued notification for Municipal Corporation Polls in December 2024 but did not include the areas of Talwara, Dera Baba Nanak, and Tarn Taran. Instead, the areas were included in the Department of Local Government's notification.

On November 11, while partially modifying High Court order's which directed that Punjab municipality elections be notified within 15 days, the Supreme Court ordered that the election process shall commence within 2 weeks  and be completed within 8 weeks thereafter.

Chief Justice Sheel Nagu and Justice Sudhir Singh noted during the hearing that, "there is dispute as regards whether the time line prescribed by the Apex Court vide order dated 11.11.2024 for completion of elections to the Municipal Councils should be counted from 22.11.2024, i.e. the date of issuance of notification under Section 13-A of the Punjab Municipal Act, 1994...or to be calculated from the date of publication of election programme."

The Court said further that if it is calculated from the date of publication of election programme, then certainly the State Election Commission, Punjab, and the State of Punjab are in contempt of the directions of the Apex Court in terms of the time line prescribed by the Apex Court on November 11.

The petitioner is always free to invoke the appropriate jurisdiction of the Apex Court for that purpose, it added.

While noting that notification was issued under Section 13-A of the Punjab Municipal Act, 1911, on November 22, the Court noted that "it would be appropriate to await State Election Commission, Punjab and the State of Punjab to take further steps."

Consequently, it directed the State Election Commission, Punjab, to inform through affidavit about the steps taken pursuant to the notification issued on November 22.

In the previous hearing, the Court had noted that it is an extremely sorry state of affairs especially in a democratic polity and expressed shock to note that despite the constitutional mandate to hold election before the last term Punjab State Election Commission allowed State to manage Municipal bodies without election since last 4-5 years.

The matter is listed on January 27, for further consideration.

Mr. Bhisham Kinger – Petitioner in person. Mr. J.S. Gill, Addl. Advocate General, Punjab.

Mr. H.S. Oberoi, Advocate, for respondent No.2.

Title: Bhisham Kinger v. State of Punjab and others

Click here to read/download the order