HC sets aside mayoral poll notification

The Punjab and Haryana High Court today set aside election schedule for posts of Mayor, Senior Deputy Mayor, and Deputy Mayor in Chandigarh. The elections were to be held on January 24.

The Bench of Justice Sureshwar Thakur and Justice Vikas Suri ordered that the elections be conducted after January 29 as the tenure of the current Mayor, Kuldeep Kumar, continues until that date. The notification for the same could be issued prior to January 29.

The decision was issued in response to a writ petition filed by Kuldeep Kumar, who was represented by Senior Counsel Gurminder Singh. The court found merit in the argument that conducting elections before the completion of the incumbent Mayor’s tenure would be legally untenable.

The court also directed the Chandigarh Administration to consider the use of the “show of hands” method for voting during the elections, while referring to concerns regarding transparency and fairness. The Administration was also directed to ensure videography of the entire election process enhancing accountability. The Aam Aadmi Party (AAP) had earlier approached the High Court, seeking directions for the administration to ensure transparency in the mayoral poll. The AAP councillor from ward number 25 filed the petition demanding, among other things, that voting be conducted by “show of hands” instead of the secret ballot method.

On January 3, a delegation from AAP, led by Mayor Kuldeep Kumar, met Deputy Commissioner Nishant Kumar Yadav and submitted a memorandum requesting the shift to a show of hands for the election process. The memorandum referenced the 341st meeting of the General House of the Chandigarh Municipal Corporation, held on October 29, 2024, where a majority vote resolved that Regulation 6 of the Chandigarh Municipal Corporation (Procedure and Conduct of Business) Regulations, 1996, be amended to allow elections for the posts of Mayor, Senior Deputy Mayor and Deputy Mayor to be conducted through a show of hands to ensure transparency.

Despite this request, the demand has not been accepted by the Administrator. The petition referred to the need for a change in the voting process following issues raised during the 2024 mayoral poll. It also sought directions for the installation of CCTV cameras to record the entire voting process to ensure further accountability and transparency.

What court observed

The decision was issued in response to a writ petition filed by Kuldeep Kumar, who was represented by senior counsel Gurminder Singh. The court found merit in the argument that conducting elections before the completion of the incumbent Mayor’s tenure, which ends on January 29, would be legally untenable.