Yadwinder Kumar Sharma And ORS v. State Election Commission, Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: 18.05.2026 YADWINDER KUMAR SHARMA AND OTHERS

...Petitioners

VERSUS

STATE ELECTION COMMISSION, PUNJAB AND OTHERS ... Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE DEEPAK MANCHANDA

Present:

Mr. Parambir Singh, Advocate for the petitioners. **** HARSIMRAN SINGH SETHI , J. (ORAL) 1.

In the present petition, the grievance being raised by the petitioner is that the process which needs to be followed for filing the nomination paper, its scrutiny and the ultimate order to be passed in case such nomination is to be rejected, is not being followed.

2.

Learned counsel for the petitioners submits that firstly the details of nomination form of each candidate needs to be uploaded so that in case any other candidate who is contesting from the same ward, is able to take note of the credentials of such contesting other candidates and in case there is any default in filing the nomination form, or any other ineligibility being suffered by such contesting candidates which is clear from the nomination form, the objection qua the same could be raised but, as of now, the scrutiny time is already over and the nomination form of only of some selected candidates have been uploaded, which is incorrect.

3.

Learned counsel for the petitioners submits that the respondents be directed to upload the nomination forms along with supporting documents of all the candidates who have filled the nomination forms so that in case any candidate

suffers any disqualification, appropriate action can be taken by such candidate by availing appropriate remedy.

4.

Learned counsel for the petitioners further submits that even if a candidate's nomination paper is to be rejected, the same has to be rejected by passing appropriate speaking order which is clear from Section 41(4) and Section 41(5) of the Punjab State Election Commission Act, 1994. Learned counsel submits that such speaking order be given within a period of 48 hours to the candidate whose nomination form has been rejected. 5.

Notice of motion.

6.

Mr. Ayush Sarna, Advocate accepts notice on behalf of the respondent No.1 and Mr. Jastej Singh, Addl. A.G. Punjab, accepts notice on behalf of respondent-State and submit that in case any detail of the nomination form of any contesting candidate has not been uploaded so far, the same will be uploaded within a period of 48 hours from today. Learned counsel for respondent No.1 further submits that in case any candidate's nomination form is to be rejected, an appropriate speaking order rejecting such nomination will be passed and will be supplied to the said candidate within a period of 48 hours of passing of such order. 7.

Learned counsel for the petitioners submits that the final list of the candidates whose nomination papers have been cleared, qua all the Municipal Councils where elections are scheduled to be held on 26.05.2026, same will be displayed immediately without any fail before midnight today, which prayer has been accepted by the learned counsel for respondent No.1-Punjab State Election Commission that all the efforts will be made to upload the information of the candidates whose nomination has been accepted and the same will be complied with by midnight today.

8.

Learned counsel for the petitioners submits that keeping in view the

statement of learned counsel for the respondent No.1, the present petition may kindly be disposed of having been not pressed any further. 9.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE (DEEPAK MANCHANDA) 18.05.2026 JUDGE sapna adhikari Whether speaking/reasoned :

Yes Whether reportable :

No