Punjab Municipal Elections: Supreme Court Says All Wards Where Violence Took Place Must Go For Re-Election

The Supreme Court yesterday said that all wards in Punjab, where a Fact-Finding Commission found that violence took place during Municipal Elections, must go for re-election. 

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made the observation while dealing with petitions filed by members of different political parties raising disputes qua the conduct of elections to the posts of Councilors/Members of the Municipal Corporations, Municipal Councils, and Nagar Panchayats in Punjab. 

The petitioners alleged inter-alia that members of the ruling party (AAP), police officials, and others prevented them from submitting their nomination forms; that those persons engaged in physical assault, tearing of clothes, and snatching of nomination papers of the petitioners; that despite orders of the Court, the nomination process was not recorded by audio-visual means; and, that elections for certain posts (including Mayor and Senior Deputy Mayor) were being conducted by an incomplete quorum.

Further, the petitioners claimed that since they were prevented from filing their nominations, the respondents (who were elected unopposed in certain wards) ought to be restrained from being administered oath of office.

Last year, the Supreme Court took a view that the matter involved questions of fact that could not be determined by the High Court or the top Court in exercise of writ jurisdiction. Further, the issues were giving rise to uncertainty regarding smooth functioning of elected municipal bodies. As such, the Court impressed upon the parties that a Fact Finding Commission be constituted to conduct enquiry and passed an order to that effect when they consented. 

In this backdrop, the Court constituted the Fact Finding Commission and appointed a former Punjab and Haryana High Court judge, Justice Nirmaljit Kaur, to enquire into issues raised by the candidates regarding conduct of the polls. 

Case Title: SEEMA SHARMA v. STATE OF PUNJAB, SLP(C) No. 3894/2025 (and connected cases)