The Supreme Court on Monday observed that all wards in Punjab where the Fact-Finding Commission found that violence had taken place during the municipal elections must go for re-election.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana made the observation while hearing petitions filed by members of various political parties challenging the conduct of elections to the posts of councillors and members of Municipal Corporations, Municipal Councils and Nagar Panchayats in Punjab.
The petitioners alleged, among other things, that members of the ruling Aam Aadmi Party (AAP), police officials and others had prevented them from filing nomination forms. They further alleged incidents of physical assault, tearing of clothes and snatching of nomination papers.
It was also alleged that despite directions issued by the Court, the nomination process was not recorded through audio-visual means. The petitioners further challenged the conduct of elections to certain posts, including Mayor and Senior Deputy Mayor, on the ground that they were being held with an incomplete quorum.
The petitioners contended that since they had allegedly been prevented from filing their nominations, candidates elected unopposed in certain wards should be restrained from being administered the oath of office.
The dispute had earlier reached the Supreme Court, which had observed that the allegations involved disputed questions of fact that could not appropriately be determined by the High Court or the Supreme Court in writ jurisdiction. The Court had also noted that the disputes were creating uncertainty over the functioning of the elected municipal bodies.
Against this backdrop, and with the consent of the parties, the Supreme Court constituted a Fact-Finding Commission to examine the allegations concerning the conduct of the municipal elections.
The Court appointed former Punjab and Haryana High Court judge Justice Nirmaljit Kaur as the Commission’s head to inquire into the allegations raised by candidates regarding irregularities and violence during the polls.
The Supreme Court has now indicated that where the Commission has found that violence occurred during the election process, the affected wards would have to undergo re-election.
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