Zila Parishad Polls | P&H High Court Declines To Interfere With Refusal To Verify Candidate's NOC; Says Challenge Barred Under Article 243-O

The Punjab & Haryana High Court has declined to interfere in a writ petition filed by a candidate for the Zila Parishad and Panchayat Samiti elections in Punjab, challenging the Halka Patwari's refusal to verify the No Objection Certificate (NOC) required for filing his nomination.

Article 243-O of the Constitution bars courts from interfering in Panchayat (local village government) elections and electoral processes, meaning disputes about delimitation (constituency drawing) or the results themselves must follow specific election petitions to designated authorities, not High Courts or the Supreme Court directly, safeguarding the autonomy of grassroots democracy.

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "no assistance can be granted to the petitioner at this stage, especially in the backdrop of the constitutional bar contained in Article 243-O of the Constitution of India, which is reproduced below for ready reference and convenience, and also the fact that the petitioner can very well, after the election results are declared, challenge the said election on the ground of wrongful rejection of nomination paper by filing an election petition."

The petitioner contended that the Patwari's refusal, would deprive him of his statutory right to contest, despite being otherwise qualified under Section 11 of the Punjab State Election Commission Act, 1994.

Referring to Article 243-O, the Court said "no exceptionally hard case made out by the petitioner where the election can be termed as a farce, this Court declines interference and dismisses this petition."

Mr. Arun K. Kaundal, Advocate (Arguing counsel) with Mr. Randeep Singh Bains, Advocate

for the petitioner.

Mr. Maninder Singh, Sr. Advocate assisted by Mr. Sangam Garg, Advocate for the State of Punjab.

Title: GURSEWAK SINGH v. STATE OF PUNJAB AND OTHERS

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