Punjab Panchayat Elections| Supreme Court Directs Election Tribunal To Decide Election Petitions In 6 Months

The Supreme Court today (November 18) while refusing to interfere in pleas alleging irregularities in Punjab Gram Panchayat elections, directed the Election Tribunal to decide upon the election petitions within 6 months. The Court also allowed those petitioners whose nominations were rejected to file a review petition before the High Court to challenge the elections. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of petitions against the High Court order dismissing over 800 petitions which alleged arbitrary rejection of nomination papers filed by the candidates.

Initially, the High Court (a vacation bench of Justice Sandeep Moudgil and Justice Deepak Gupta) had stayed the election proceedings, observing that candidates were declared winners "unopposed" even before commencement of elections, by arbitrarily rejecting nomination papers of other candidates.  

However, the stay was vacated later by the High Court bench of  Justices Sureshwar Thakur and Sudeepti Sharma observing that that there is complete bar on invocation of writ jurisdiction even if the nomination papers are improperly rejected, and the appropriate remedy is to file an election petition before the Election Tribunal.

Previously, the bench led by former CJI DY Chandrachud refused to pass a stay order, and the polls took place on October 15. The Court on October 18 issued notice in one of the petitions titled 'Sunita Rani and Ors v. State of Punjab'.

Today, CJI Khanna, while hearing the matter, expressed displeasure over the fact the State Authorities before the High Court sought a preponed hearing of the matter without sufficient notice to the petitioners. 

"This is a very strange case..... there are 836 people and the writ petition being pre-poned without any notice? Stay was granted maybe by the vacation bench, but you cannot pre-pone " 

He also remarked as to how a staggering number of election petitions was filed.

"That cannot be done, 836 people being moved out- this is something unimaginable....I have never seen such figures! " 

The Advocate General (AG) of Punjab Gurminder Singh submitted that there are over 13000 panchayats in the State and only a few people from the total contestants have moved the High Court. 

The AG also informed the bench that in 13000 the Gram panchayat elections, 3000 candidates were elected unopposed. 

To which, the CJI remarked "3000 is a substantial number". 

The CJI then added that it would be imperative for the election tribunal under the Punjab Panchayat Election Rules, 1994 to decide the election petitions within the time frame of 6 months without much interruption from the State Government. 

"We are very clear, if they (election tribunals) don't complete it within six months, we will take them to task, do not show any indulgence and let them complete it." 

"After 6 months, we may put an embargo that the election officer be put to terms, in the sense we may put costs on him", the CJI added

Referring to a similar issue dealt by the bench of Justice Surya Kant and Justice Ujjal Bhuyan, where the election tribunal was directed to decide the petition in 6 months, the bench passed the following order: 

"Our attention is drawn to order dated 11.11.2024 passed Special Leave To Appeal 25920 of 2024 of Jasbir Singh v. Punjab State Election Commission ….in view of the said order we maintain consistency, and are not inclined to proceed further and permit the petitioners herein to file election petitions. The direction given in the said order that the Election Tribunal shall endeavour to decide election petitions in 6 months and will be subjected to co-operation by the parties...in case the proceedings are delayed, the petitioner or the parties can approach the High Court for appropriate alternate direction to election tribunal."

The bench also allowed those petitioners who were previously considered ineligible by the High Court to file an election petition, to move a review petition in this regard.

"In some cases, the petitioners were not allegedly allowed to file nomination papers or their nomination papers were torn or rejected and told that they are not eligible and cannot file the election petition. It can't be so. It is open to the said petitioners to move an application for review before the High Court within a period of 1 month from today. If any such petition is filed,the same will not be dismissed on the ground of limitation. The Review Petition will be considered as per law."

"It is the right of petitioners to move this Court in case their petitions in HC are dismissed." The Court further clarified. 

Case Details :  SUNITA RANI AND ORS. Versus STATE OF PUNJAB AND ORS. SLP(C) No. 25527/2024 and BALWINDER KAUR Versus THE STATE OF PUNJAB AND ORS. SLP(C) No. 27178/2024