HC raps state election panel for delay in municipal polls

Expressing shock over the prolonged delay in holding municipal elections in Punjab, the Punjab and Haryana High Court has admonished the State Election Commission for allowing nominated functionaries to manage the municipal bodies for the past four-five years.

Nominated functionaries in control

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It is not only surprising, but shocking to note that despite the mandate under Article 243U of the Constitution to hold elections well before the last term of an elected body comes to an end, the State Election Commission, Punjab, has allowed nominated state functionaries to manage the affairs of the municipal bodies for the past four-five years. — HC Bench

The court said that violated the constitutional mandate under Article 243U, which required elections to be conducted well before the end of an elected body’s term. “It is an extremely sorry state of affairs, especially in a democratic polity,” the Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh asserted.The admonition came on a petition filed in public interest by advocate Bhisham Kinger against the State of Punjab and other respondents. “It is not only surprising, but shocking to note that despite the mandate under Article 243U of the Constitution to hold elections well before the last term of an elected body comes to an end, the State Election Commission, Punjab, has allowed nominated state functionaries to manage the affairs of the municipal bodies for the past four-five years,” the Bench asserted.

As the matter came up for hearing, the Bench took note of the argument by the counsel for respondent, the State Election Commission. Among other things, he cited non-updating of the electoral rolls for not going ahead with the municipal council/committee elections in the municipal areas of Talwara, Dera Baba Nanak and Tarn Taran

Rejecting the plea, the Bench asserted: “The reason assigned by the State Election Commission cannot be accepted.”

Before parting with the order, the Bench directed the State Election Commissioner to file an affidavit “giving the exact date by which elections to the three municipal bodies shall be held, failing which the State Election Commissioner, Punjab, would appear virtually before the court on January 17 and explain the default,” the Bench asserted.