The Supreme Court yesterday issued a notice on a plea alleging irregularities in the conduct of the Panchayat elections in Punjab, held on October 15.

A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, seeking a response from the Punjab government and the State Election Commission. The case is provisionally listed for November 19.

Earlier, on October 15, the Supreme Court had refused to stay the Panchayat elections, pointing out that they had already begun and remaining at this stage could lead to serious consequences and chaos.

Prior to this, the Punjab and Haryana High Court had dismissed over 800 petitions challenging the Panchayat elections on the ground of alleged arbitrary rejection of nomination papers filed by candidates. This motion was filed to challenge this decision.

Initially, a recess bench of the High Court had stayed the election procedure, noting that candidates were declared winners “unopposed” before the elections even began, by arbitrarily rejecting other candidates’ nomination papers. In some cases, officials of the “ruling party in the state” tore up the nomination papers and claimed that the documents were lost. In other cases, applications were rejected without reason or for false reasons.

However, the High Court overturned this stay and since the Supreme Court also did not pass a stay order, the polling took place on October 15.

The present petition, in addition to the annulment of the decision of the High Court (which rejected their summons), seeks to suspend the declaration of the candidates indicated in the examination report as “elected without contest”.

What does the petition say?

The petitioners, belonging to the Scheduled Caste category, claim that they had gone to Jalalabad to file nomination papers for the Panchayat elections but were attacked by Aam Aadmi Party supporters and prevented from drop them off.

It is alleged that the Deputy Commissioner of Police of Jalalabad (West) snatched the nomination papers from them and took them away. The petitioners denounce the fact that despite their complaints, an examination report was published on 05.10.2024 without any opportunity to submit an application.

It is mentioned that an FIR has been registered under sections 304(2), 74, 115(2), 127(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 in respect of the allegations.

Reasons given

The petitioners cited the following grounds in support of their challenge to the elections and the High Court’s order dismissing their summons:

♦ The High Court stayed the election process by order dated 09.10.2024 and fixed the matter for 16.10.2024. However, the final hearing was prepared without sufficient notice or opportunity of hearing for the petitioners and the petition was dismissed on 14.10.2024. The same thing was perverse and bad in law;

♦ The returning officer was informed of the alleged irregularities, but no action was taken. The same indicates biased conduct of the returning officer;

♦ An FIR has been registered in Jalalabad regarding the allegations. However, without an investigation, the authors are declared “uncontested elected officials”. It is a parody of the democratic process;

♦ The High Court failed to understand that the seat of Sarpanch/Panch of Gram Panchayat Chak Sohna Sandar is a seat reserved for women candidates belonging to the Scheduled Caste category. The petitioners, belonging to the said category, were not permitted to file nomination papers in the sight and knowledge of the returning officer.

The petition was filed via Ajit Pravin Wagh, advocate of record.

Case Title: SUNITA RANI ET ORS. Versus STATE OF PUNJAB AND ORS., Journal No. 47900-2024