High Court Expresses Shock Over Punjab Election Commissioner Allowing Nominated State Functionaries To Manage Municipal Bodies Sans Election

It is an extremely sorry state of affairs especially in a democratic polity, the Punjab & Haryana High Court said while expressing shock to note that despite the constitutional mandate to hold election before the last term Punjab State Election Commission allowed State to manage Municipal bodies without election since last 4-5 years.Chief Justice Sheel Nagu and Justice Sudhir Singh said, "It is not only surprising, but shocking to note that despite the mandate under Article 243U of the Constitution of India 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. It is an extremely sorry state of affairs especially in a democratic polity."The development comes in a plea filed by advocate Bhisham Singer highlighting that when after High Court's and Supreme Court's intervention the Punjab Election Commission issued notification for Municipal Corporation Polls in December 2024, it did not include the areas of Talwara, Dera Baba Nanak, and Tarn Taran. Instead, the areas were included in the Department of Local Government's notification.In pursuance of High Court's direction the State Election Commission, Punjab filed the affidavit stating that the election in the above areas could not be conducted primarily because of non-updation of the electoral rolls.However, expressing dissatisfaction the Court said "the aforesaid reason assigned by the State Election Commission, Punjab, cannot be accepted."In the light of the above, the bench directed the Punjab State Election Commissioner to file an affidavit giving the exact date by which elections to the said three Municipal bodies shall be held "failing which the State Election Commissioner, Punjab would appear virtually before this Court on 17.01.2025 at 10.00 AM. and explain the default."Mr. Bhisham Kinger, Advocate (petitioner-in-person).Mr. Jasdeep Singh Gill, Additional Advocate General, Punjab. Mr. Ayush Sarna, Advocate, for respondent No. 2.Title: Bhisham Kinger v. State of Punjab and othersClick here to read/download the order

High Court Expresses Shock Over Punjab Election Commissioner Allowing Nominated State Functionaries To Manage Municipal Bodies Sans Election

Aiman J. Chishti

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