HC seeks report on delayed municipal elections in Punjab
The Punjab and Haryana High Court has directed Punjab State Election Commission to submit an affidavit detailing steps taken to conduct municipal elections in Talwara, Tarn Taran and Dera Baba Nanak. The directive came amidst ‘dispute’ over timeframe in adhering to the Supreme Court’s order dated November 11, 2024, mandating elections within eight weeks.
The Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh quoted the Supreme Court as saying, “We direct the State Election Commission, Punjab, and Punjab to commence the election process within two weeks and complete the same within eight weeks thereafter. No further extension shall be granted.”
The Bench observed that the timeline prescribed by the Supreme Court might have been breached. The court observed there was “dispute” whether the timeline prescribed by the apex court for completion of elections vide order dated November 11, 2024, was to be counted from November 22, 2024 - the date of notification under Section 13-A of the Punjab Municipal Act for holding the elections, or from the date of publication of election programme.
“If it is calculated from the date of publication of election programme, certainly the State Election Commission, Punjab, and Punjab are in contempt of the directions of the apex court in terms of the timeline prescribed by the apex court on November 11, 2024,” the Bench asserted.
Expressing dissatisfaction, the court asserted, “It is unfortunate to note that Punjab has not filed any application before the apex court seeking extension of the timeline prescribed vide order dated November 11, 2024.”
Section 13-A of the Act deals with state government’s powers to direct the holding of general election. Recognising the state’s action in issuing the required notification, the court stated, “Since bonafides have been shown by Punjab by issuing the notification under Section 13-A of the Punjab Municipal Act, 1911, on November 22, 2024, it would be appropriate to await further steps by the state Election Commission and Punjab,” the court added.
Before parting with the order, the Bench directed the state Election Commission to furnish an affidavit on steps taken pursuant to the notification issued by the state. Expressing shock over the prolonged delay in holding the elections, the high court had earlier admonished the state Election Commission for allowing nominated functionaries to manage the municipal bodies for the last four to five years.
The court observed that this 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 Bench was hearing a petition filed in public interest by advocate Bhisham Kinger against 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 since the last four to five years,” the Bench asserted.
