SC asks ex-HC judge Nirmaljit Kaur to examine grievances of Punjab civic polls candidates
The Supreme Court has appointed Justice Nirmaljit Kaur, a former judge of the Punjab and Haryana High Court, to examine the grievances of the candidates who were denied the opportunity to contest the 2024 civic body polls.
"It goes without saying that the appointment of the fact-finding commission will not be a precedent. We appoint Justice Nirmaljit Kaur, former Judge of the Punjab and Haryana High Court, to perform the above illustrated task, preferably on a day-to-day basis and submit a report at the earliest,” a Bench of Justice Surya Kant and Justice N Kotiswar Singh said, without expressing any opinion on merits of the issues involved.
The order came on petitions challenging the Punjab and Haryana High Court's orders on issues related to the civic body elections held last year. The petitioners alleged that several candidates were not allowed to file the nomination papers and could not participate in the elections.
"Both sides have fairly agreed to deviate from the settled prescribed procedure so that a fact-finding commission can be constituted limited to the sub-judice constituencies," the Bench noted.
“Liberty to submit claims shall be limited to those who have either approached the high court or this court by way of special leave petitions/intervenor applications," it said in its March 24 order and posted the matter for May 22.
"Since this batch of matters involves various disputed questions of fact that cannot be determined either by the high court or this court in the exercise of their respective writ jurisdictions; and since the issues are necessarily causing uncertainty over the smooth functioning of the elected municipal bodies, we have impressed upon the parties and they have fairly consented for the appointment of a former judge of the high court to conduct the fact-finding inquiry, where the parties can submit their respective claims/counter-claims," the order read.
The top court said the former judge should be paid an honorarium of Rs 5 lakh per month by the Punjab government and given an official vehicle besides full secretarial assistance as per the requirement.
Justice Kaur would be entitled to engage a retired judicial officer of her choice and one private secretary to assist in day-to-day functioning, it said. "The Punjab government shall provide a suitable office space in a government building in Chandigarh or SAS Nagar, Mohali, to convene the proceedings,” the top court said.
