19 pleas challenging Punjab, Haryana lawmakers’ elections pending in high court

Saurabh Malik

Chandigarh, May 16

Almost half a decade has passed, but verdict is yet to be delivered on an election petition filed before the Punjab and Haryana High Court against SAD leader Sukhbir Badal’s victory in the 2019 Lok Sabha elections from Ferozepur constituency.

In the realm of electoral justice, the plea brought forth by Independent candidate Kashmir Singh illustrates the pace at which electoral disputes find resolution.

Justice seems to flow sluggishly as no less than 19 petitions challenging the elections of both parliamentarians and MLAs of Punjab and Haryana still await their day in court. The cases include three election petitions filed nearly 10 years back.

A meticulous perusal of the high court records suggests that three petitions filed in 2014 are pending, followed by another nine in 2019 and then seven in 2019. The number of pending matters may not sound astronomical, considering the total pendency of 4, 33, 988 cases.

But the number of election petitions filed is far less than other cases. The filing, too, is spasmodic. The petitions are usually filed only after the conclusion of elections, at times even after five years. Election petitions, undoubtedly, are time consuming and the matters are undeniably heard on regular basis despite the mammoth pendency and shortage of 30 Judges –– the high court as of now has 55 Judges against the sanctioned strength of 85.

But the pendency assumes significance as the Representation of Peoples Act recommends that every election petition is required to be tried as expeditiously as possible in the interests of justice, within six months from the date of its presentation before the Bench. The petitions almost always turn into an academic exercise once the tenure of the victorious candidates comes to an end with the announcement of fresh elections.

Even if the election of a candidate is subsequently declared void, his acts or proceedings he participated in as an MP or MLA are not invalidated. The candidate cannot even be subjected to liability or penalty for such participation.

The delay can change the course of the outcome. An election petition filed in 2014 by Neeraj Salhotra for setting aside the election of Vinod Khanna as MP was “disposed of having abated” after the court was informed about his demise on April 27, 2017.