Punjab local body polls: HC flags ‘appearance of bias’; orders SEC to enforce non-partisan police conduct

The Punjab and Haryana High Court has asked the State Election Commission (SEC) to direct 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 Bench asserted that the directions were necessary “to ensure free, fair and impartial elections” to Zila Parishad and Block Samitis in the given facts and circumstances.

“It would have been appreciated that on receipt of a complaint from any quarter, the Commission ought to have risen to the occasion and nipped, even an apprehension of favouritism or nepotism in the bud,” the court asserted.

The Bench also made it clear that the SEC must not only act with strict neutrality while conducting the elections in the State, but must also appear fully impartial in every aspect of the poll process. It 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 SEC is expected to be non-aligned, while discharging its duties including that of conducting and supervising and concluding the Panchayat election process. In this process, conduct of the Commission ought not to give an impression that it is favouring any person or political party. It is expected of the SEC to conduct itself without partiality. The actions of the Commission ought not only to be actually impartial to all, but also appear to be impartial,” the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asserted.

The directions came on pleas seeking, among other things, inquiry by the CBI or any other central agency into the conduct of Patiala SSP Varun Sharma, following the surfacing of 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 ruling AAP supporters with positive reports, and ensure returning officers reject entries, engineering uncontested wins and violating the Model Code of Conduct".

Taking note of complaints supported with audio and video material, the Bench asserted that the SEC ought to have “risen to the occasion” and immediately pre-empted even an apprehension of favouritism. Referring to the submissions by parties that the audio clip should have been sent to Chandigarh for forensic examination and not Mohali, the Bench asserted: “It would have been better if the Commission would have handed over verification of the material presented by complainants in shape of audio and video recordings to a neutral agency not under the control and supervision of the State of Punjab.”

The Bench observed that the Commission was expected to divest Patiala SSP Varun Sharma of election responsibilities pending inquiry. While recording this expectation, the Court acknowledged the step eventually taken: “We appreciate the action of the State Election Commission, Punjab, in sending SSP, Patiala, on leave till elections to Zila Parishad and Block Samiti elections in the State are over, pending inquiry into the allegations.”

Before parting, the Court added: “The inquiry being conducted under the aegis of State Election Commission would be conducted in a free and fair manner without being influenced by any extraneous consideration from any quarter”. The matter will be taken up again on December 22.