HC slams election tribunal’s ‘casual approach’, directs proper procedures in poll disputes

The Punjab and Haryana High Court has directed the Punjab Chief Secretary to issue proper instructions to all election tribunals across the state “to follow procedure as contemplated under law, while dealing with election disputes”.

The direction came as Justice Pankaj Jain castigated Sri Anandpur Sahib Election Tribunal for its “casual approach” while setting aside its “callous” order dismissing a petition arising out of panchayat elections held in October last year.

Justice Jain made it clear that the law requires a structured adjudication of election petitions — summons and responses, framing of issues, examination and recording of evidence, and reasoned findings — none of which was followed.

The matter was placed before Justice Jain after Sarbjeet Kaur filed an appeal against Kamaljit Kaur and other respondents, challenging order dated November 12, 2024, whereby the election tribunal dismissed her election petition.

Justice Jain observed the candidates contested for Khattana village gram panchayat’s sarpanch post. The appellant secured 99 votes against 104 votes bagged by the respondent. Her counsel contended that the order was passed “in the most callous manner” after ignoring the procedure.

Justice Jain asserted the election petition was dismissed on November 12, 2024 – the day fixed for appearance of the respondent – merely on the claim of Presiding Officer (PRO) that he counted the votes honestly and impartially. Even the PRO’s statement was not recorded.

“From the perusal of the order, it is clear that leave aside framing of issues, the tribunal did not even bother to call for response from the respondent. It proceeded to decide the election petition as if he was resolving a trivial dispute without realising that he was dealing with democratic rights of the parties. The order is bereft of application of mind,” the court observed.

Justice Jain made it clear that election disputes could not be brushed aside in a summary manner. “Neither the response has been called for nor issues have been framed. No evidence was recorded. The election petition has been adjudicated by passing a callous order,” the court observed.

Holding the order untenable, Justice Jain allowed the appeal by asserting: “This court finds that the impugned order is unsustainable and deserves to be quashed. Present appeal is allowed. Order dated November 12, 2024, passed by Election Tribunal, Sri Anandpur Sahib, is hereby set aside.”

Justice Jain remitted the matter back to the tribunal for a fresh decision. “Parties are directed to appear before the tribunal on August 26. The tribunal is directed to decide the same in accordance with law,” the bench directed.

Pointing at the seriousness of the lapse, Justice Jain issued directions of wider import by asserting “A copy of this order be sent to Chief Secretary Punjab, to apprise him of the casual approach of the tribunal in dealing with the election dispute. He is requested to issue proper instructions to all the election tribunals across the state to follow procedure as contemplated under law.”