Kuljit Singh Bedi v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.17198 of 2015 Date of Decision: August 24, 2015 Kuljit Singh Bedi .....Petitioner versus The State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE JASPAL SINGH.

Present: Mr.D.S.Patwalia, Senior Advocate with Mr.Kannan Malik, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

Mr.Kamal Sehgal, Advocate, for Municipal Corporation, SAS Nagar Mohali.

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1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) In deference to the order dated 19.08.2015, Dr.S.Karuna Raju, IAS, Divisional Commissioner, Roopnagar is present. He has also filed his affidavit suggesting the steps he proposes to take to ensure fair and impartial election of Mayor, Senior Deputy Mayor and Deputy Mayor of Municipal Corporation, SAS Nagar Mohali which is now fixed for 28.08.2015 at 3.00 p.m. Mr.Raju has suggested that Section 144 Cr.P.C. would be imposed in 500 meter area surrounding the venue of meeting, i.e., outside the hall of venue, to prevent any unlawful assembly. The Executive Magistrate will be deployed inside and outside the venue of meeting. The presence of sufficient police-force inside and outside the venue shall also be ensured. In this regard, we direct the MOHINDER KUMAR 2015.08.25 12:19 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.17198 of 2015 [2] Senior Superintendent of Police, SAS Nagar Mohali to provide full assistance to the Divisional Commissioner. It is further averred that the entire proceedings of the meeting will be videographed and such recording shall be preserved for perusal of the Court and/or otherwise. CCTV coverage inside and outside the venue shall be carried out. The affidavit suggests that once a member enters the meeting hall, he will not be allowed to leave the house without the permission of the Chair. No member shall be allowed to carry his/her mobile-phone inside the meeting hall and will also have to bring an identity proof to prevent the entry of any unauthorized person. The other procedural requirements to be followed have also been briefly mentioned in the affidavit. We have no reason to doubt that the Divisional Commissioner shall ensure fair, free and impartial election as per the responsibility entrusted to him.

If the petitioner will have still any grievance with regard to the manner in which the proceedings would be conducted on 28.08.2015, he shall be at liberty to approach the Court.

The writ petition stands disposed of accordingly. Let a copy of this order be given dasti to Mr.Rajesh Bhardwaj, Additional AG, Punjab and Mr.Kamal Sehgal, counsel for the Municipal Corporation, SAS Nagar Mohali, for information and necessary compliance.

[SURYA KANT] JUDGE August 24, 2015 [JASPAL SINGH] mohinder JUDGE MOHINDER KUMAR 2015.08.25 12:19 I attest to the accuracy and authenticity of this document Chandigarh