Saroj Rani v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 18.05.2026 CWP-15795-2026 Gurpartap Singh
...Petitioner
Vs.
State of Punjab and others
...Respondent(s)
CWP-15796-2026 Saroj Rani
...Petitioner
Vs.
State of Punjab and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present:
Mr. Arshdeep S.Kler, Advocate and Mr. Saurav Bhatia, Advocate for the petitioner(s).
Mr. Jastej Singh, Addl.A.G.Punjab.
*** HARSIMRAN SINGH SETHI , J.(Oral) 1.
This order shall dispose of two writ petitions i.e. CWP-157952026 and CWP-15796-2026 as the issues involved in both these cases are same.
2.
The present petitions have been filed with a prayer that the nomination papers belonging to the petitioners were snatched away from them more than once and were torn off due to which, they could not present their nomination papers within the scheduled fixed and therefore, another opportunity be given to them to file the nomination as the scrutiny of the
nomination is still going on.
3.
Learned counsel appearing on behalf of the petitioner submits that direction have already been given by this Court that video cameras are to be placed inside and outside the room of the returning officer where nomination papers are to be filed so that no allegation are alleged by a candidate, who want to contest, that they are being stopped from filing the nomination papers or the nomination papers sought to be filed are not being accepted by the returning officer or that no returning officer is sitting in his office to accept the nomination papers being filed by the candidate. Learned counsel submits that in case such CCTV footage recovered outside the room of returning officer by the cameras installed outside the office of the returning officer i.e. Naib Tehsildar, Talwandi Sabo is seen, the allegations being alleged by the petitioners will be found to be correct.
4.
Learned counsel for the petitioner submits that the grievance raised before this Court has also been raised before the authorities concerned by issuing a legal notice on 17.05.2026, hence, the State Election Commission be directed to decide the same and further, the video footage of the camera installed outside the office of the Naib Tehsildar, Talwandi Sabo starting from the date of filing of the nomination i.e. 13.05.2026 till 16.05.2026 be directed to be preserved and be not destroyed till the limitation for filing the election petition expires.
5.
Notice of motion.
6.
Mr. Jastej Singh, Addl.A.G.Punjab and Mr. Ayush Sarna, Advocate accepts notice on behalf of respondent-State and State Election Commission respectively and submit that the allegations have been alleged
without there being any substance in the same and in case, a genuine concern is shown, the remedy available is only by filing election petition. Learned counsel submits that as per the settled principle of law, once the election schedule has already been announced, there cannot be any change in the said Election schedule and in case the prayer of the petitioner is accepted, the schedule so fixed will be disturbed and same will invite a lot of litigation qua disputed question of fact in order to file the nomination paper despite the fact that the last day for filing nomination has already expired. 7.
Learned counsel for the respondents submits that the video footage of CCTV camera of all the offices where returning officer in the State of Punjab preside starting from the date of nomination till the returning officers are working in connection with the election process will be retained and will not be destroyed till the last date of filing of the election petition expires. 8.
At this stage, learned counsel for the respondent submits that the prayer of the petitioner for deciding their legal notice, appropriate order on the said legal notice will be passed by the competent authority of the Punjab State Election Commission within a period of seven days from today and the decision so taken will be conveyed to the concerned. 9.
Learned counsel for the petitioner submits that keeping in view the statement of the learned State counsel, the present petition may kindly be disposed of having been not pressed any further, at this stage with liberty to avail appropriate remedy in case the grievance of the petitioner continues including the filing of the election petition. 10.
Ordered accordingly.
11.
After the elections are concluded in case, any request is made for
grant of the video footage of CCTV cameras of either installed in and around the office of Returning Officer or placed anywhere to ensure smooth free and fair election during voting, counting under RTI by any candidate or a proposed candidate or anyone who is eligible to file an election petition to challenge the election of a returned candidate, the same will be provided in accordance with law within a period of ten days of said request made and same will not be destroyed for a period of 06 months after the conduct of elections. No plea that CCTV cameras was not working will be extended and in case such pleading is raised, Returning Officer along with any other officer who is supposed to ensure smooth functioning of CCTV cameras appropriate departmental proceedings will be undertaken and Punjab State Election Commission will be bound to ensure such proceedings taken to the logical end. 12.
The petitions stand disposed of.
13.
A photocopy of this order be placed on the file of connected case(s).
(HARSIMRAN SINGH SETHI) JUDGE (DEEPAK MANCHANDA) JUDGE 18.05.2026 vanita Whether speaking/reasoned :
Yes Whether Reportable :
No