Punjab: HC reminds poll panel of constitutional neutrality

The High Court has asserted that the State Election Commission (SEC) is expected to be non-aligned while discharging its duties, “including that of conducting, supervising and concluding the panchayat election process”.

The assertion came as a Division Bench told the SEC to issue directions to police personnel to carry out election duty with complete neutrality and without any action that might undermine free and fair elections. “We direct the SEC to issue directions to all SHOs and police personnel, involved in election duty, to conduct themselves in a non-partisan manner without indulging in any kind of activity deleterious to the concept of free and fair elections,” the court said.

The court added that the directions were necessary “to ensure free, fair and impartial elections” to zila parishad and block samitis in the given facts and circumstances.

The Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry added that Article 243-K placed a constitutional obligation on the Commission to conduct, supervise and conclude panchayat elections in a manner completely free of political alignment.

The directions came on pleas seeking an inquiry by the CBI or any other central agency into the conduct of Patiala SSP Varun Sharma, following the surfacing of an alleged audio recording purportedly directing police personnel to disrupt the nomination process. The Bench was told that the audio-clip revealed “directives to halt opponents at homes or routes, act on local MLA’s orders, shield AAP supporters with positive reports, and ensure returning officers reject entries, engineering uncontested wins and violating the Model Code of Conduct”.