The Punjab and Haryana High Court sharply criticized the Punjab government yesterday for what it described as a “blatant abuse of power” by state authorities in the ongoing Panchayat elections, particularly during the nomination filing process. In response to the petition, the court has issued an interim stay, halting further election proceedings in the villages concerned.
A vacation bench comprising Justice Sandeep Moudgil and Justice Deepak Gupta observed that candidates were declared “unopposed” winners even before the election process began, following the arbitrary rejection of nomination papers of other contenders. The court highlighted instances where officials linked to the “governing party in the state” allegedly tore up nomination papers, later claiming they were lost. In several other cases, nominations were either rejected without explanation or dismissed based on false reasons.
Most “winners” declared after such actions were seen celebrating with CM Bhagwant Singh Mann or AAP MLAs, Court noted from the photographs produced before it. It held that no candidate can be declared winner unopposed because voters have the option of “NOTA”.
It is “unconstitutional and abuse of process of law prima facie as can be made out by this Court particularly in the light of fact that voting opportunity has to be provided to the voters with the option to cast vote either for the left out candidate in the contest or for NOTA…The right to vote though is neither a fundamental right constitutional right but a statutory right which cannot be taken away even in favour of NOTA,” Court said.
It continued, “Ours is a democratic country which is all about having choice with free will and such choice can only be expressed by using this statutory right to vote. Action of the State of Punjab has not only imposed restrictions on such right of the voters and electorals but is also an attempt to destroy the basic structure of our constitution i.e. free and fair election as its essence which necessarily has within its ambit the right of an elector to use it without fear of duress or coercion.
This development arises from a batch of over 250 petitions. The court noted that candidates whose nominations were rejected were neither given the opportunity to be heard nor was any inquiry conducted regarding the doubts raised about the information they provided. The judges remarked, “…no opportunity to rectify any clerical errors or minor discrepancies, which do not constitute grounds for disqualification under Sections 38 and 39 of the Punjab Panchayati Raj Act, 1994, has been afforded.”
“The declaration of certain candidates as unopposed without going to the date of polling takes away voters right i.e. not to vote for any candidate which has been considered extremely important in democracy by the Hon’ble Apex Court in People’s Union for Civil Liberties’s case (supra), wherein such malpractice is prima facie apparent on the record interference by the High Court exercising its powers under Article 226 of the Constitution would not mean by any stretch to say that it is “calling in question an election”, added the division bench.
The court emphasized that elections at the local participatory level serve as a microcosm of the democratic structure and must ensure a free and fair electoral process. While staying the elections in the challenged areas until the next hearing, the judges stated, “It is imperative to maintain the legitimacy of and trust in representative democracy, which warrants the issuance of an interim order. Therefore, the further electoral process related to this court’s present batch of writ petitions is hereby stayed until the next date of hearing.”
