Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea

The Supreme Court today (December 20) issued notice to the Punjab State Election Commission in an intervention application filed by the prospective candidates of opposition parties including Bharatiya Janata Party, Shiromani Akali Dal, and Indian National Congress, alleging that they were systematically prevented from filing nominations for the Municipal Corporation elections in Patiala by the ruling Aam Aadmi Party, in a Special Leave Petition challening the December 13 order of the Punjab & Haryana High Court.

Through the IA, the candidates have sought a stay on the upcoming Municipal elections scheduled for December 21 on the grounds that they were thwarted from filing nominations the last date of which was December 12.

A bench of Justices Vikram Nath and PS Varale refused to interfere in the upcoming elections.

Justice Nath said: "We will interfere in the final say and not in the ex-parte motion. Ultimately if we are satisfied that there has been a mischief and deliberately thwarted all the candidates from filling the nomination, we will set aside everything. Nobody can stop us on that...Otherwise, no fundamental right. Why should we entertain it? We will dismiss it straight away. Unnecessary, why are you asking for a stay? That order [for stay] is given to youngsters who say, you are not giving an interim so alright, subject to the outcome of the same. That is a lollipop given to youngsters and senior counsels."

At the outset, Senior Advocate Vivek Tanktha said: "27 out of 60 candidates of Congress were not allowed to enter, or their papers were torn. They went to the election commission. All 27, out of which 7 of them are before Mylords. The Election Commission passed an order 17 [December] based upon an order of the High Court passed on 13 [December] but uploaded on 17[December]...Election Commission says we cannot interfere since the election process has begun. Mylords decisions are, Election Commissions are not bound by Article 243 or 324. Election Commission has all-encompassing powers as that of High Court and Supreme Court. They are doing this because in Panchayat Election, we had interfered like this and the High Court reprimanded us. Question is, in Panchayat Election, the Election Commission had interfered in a case of nomination rejection. Here is a case of complete election fraud. All political parties are before mylord."

Whereas, AOR Velan submitted that his candidate from BJP was illegally detained and prevented from filing a nomination.

Senior Advocate Siddhartha Dave (for State of Punjab) opposed the plea and submitted that there is a bar in law under Article 243ZG of the Constitution for the Court to interfere and therefore, the prayers in the IA cannot be entertained.

On this, Justice Nath said: "The Election Commission should not have exercised powers of Article 226 saying that they cannot entertain. The Election Commission should have considered their complaint and decide on merits. Election Commission has all the powers. File a counter affidavit. We will consider this. We are not saying anything. We are not reversing the election process. Ultimately, if you succeed, we will set aside everything."

The Court has asked the parties to file counter and will hear it on February 19, 2025.

In the intervention application, it has been alleged during the nomination period of the elections from December 9 to December 12, State power was systematically deployed to prevent opposition candidates from participating in the electoral process. Particularly on the BJP candidate, it has been alleged that he was illegally detained by the local police on December 12 with the sole purpose of preventing him from filing his nomination papers. It is stated that out of 60 wards in Patiala Municipal Corporation, only 31 candidates could file for nomination.

Whereas, the remaining candidates faced physical obstruction by police officials working in tandem with ruling party workers, had their nominations torn in police presence and were subjected to various forms of intimidation. Aggrieved by the same, the petitioners filed a writ petition before the Punjab and Haryana High Court.

Before the High Court, directions were sought from the State of Punjab, Punjab State Election Commission and the Deputy Commissioner cum District Electoral Officer, Patialia, to accept the nomination forms of the petitioner candidates and to deploy adequate security to ensure free and fair elections.

On December 13, a bench of Justices Sureshwar Thakuar and Sudeepti Sharma of the High Court passed an order disposing of the petition with the direction of the authorities concerned to lawfully decide the nomination. It directed the State Election Commission to deploy sufficient police personnel at the polling booths.

Case Details: KAILASH PUROHIT AND ORS.v. STATE OF PUNJAB AND ORS., SLP(C) No. 30666/2024

Appearances: Senior Advocate Vivek Tanktha (for Congress candidate), AOR A. Velan (for BJP candidate) and Senior Advocate Siddhartha Dave (for State of Punjab)