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Rajasthan High Court Sits On Holiday, Protects Candidate From Arrest Hours Before Municipal Chairman Poll
Nupur Agrawal
22 Sept 2026 8:58 PM IST
Hours before the scheduled election for Chairman of the Kekri Municipal Board in Ajmer, the Rajasthan High Court on Monday (September 21) granted interim protection from arrest to a contesting candidate who apprehended that he would be arrested and prevented from participating in the poll.The petition was heard on a public holiday, with Justice Anoop Kumar Dhand observing that doors of the...
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Hours before the scheduled election for Chairman of the Kekri Municipal Board in Ajmer, the Rajasthan High Court on Monday (September 21) granted interim protection from arrest to a contesting candidate who apprehended that he would be arrested and prevented from participating in the poll.
The petition was heard on a public holiday, with Justice Anoop Kumar Dhand observing that doors of the temple of justice cannot remain closed when urgent intervention is required to protect the fundamental and legal rights of citizens.
“The administration of justice cannot be fettered by the concept of holidays, for the cause of justice brooks no delay when the liberty, life and rights of a citizen are at stake…The Courts being the sentinel on the qui vive for the protection of the rights of the citizens, cannot shut its eyes or close its doors when a citizen approaches it for redressal of his grievance, even on a holiday.”
For context, the petitioner was a candidate in the elections that were scheduled to be held at 10 AM on September 21, 2026. However, the night before, a complaint was filed against him by one of the ward members, before the District Election Officer, alleging that the petitioner was offering gratifications to Board Members for casting vote in his favour.
Further, it was submitted by the petitioner that police were posted outside his residence to apprehend him and prevent him from contesting the elections. Hence, petition was filed seeking interim protection.
On the contrary, the State argued that the petition was filed merely based on apprehension without submitting any copy of the complaint or FIR. It was argued that no writ of mandamus could be issued by the Court merely based on sheer apprehension. The counsel also submitted that since election process had commenced, the Court was restricted from interfering.
After hearing the contentions, and taking into account the facts, including that the police was actually posted outside the petitioner's residence, the Court held that there was every chance that the petitioner might be arrested and deprived of contesting the election.
Hence, interim directions were issued, granting protection to the petitioner, and prohibiting any coercive action against him till next date.
The matter shall be next heard on October 7, 2026.
Title: Anil Mittal v State of Rajasthan & Ors.
Counsel for petitioners: Mr. R.P. Singh, Sr. Adv. assisted by Mr. Praveen Kumar Jain
Counsel for Respondents: Mr. Rajendra Prasad, Advocate General assisted by Ms. Dhriti Laddha


