Baljeet Singh And ORS v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP No.17157 of 2026 (O&M) Date of Decision: 26.05.2026 BALJEET SINGH AND ORS .....Petitioners
Versus
STATE OF PUNJAB AND ORS ........Respondents CWP No.17163 of 2026 (O&M) SUKHWINDER PAL SINGH AND ORS ....Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents CWP No.17194 of 2026 (O&M) PARMINDER SINGH AND ORS .....Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present:
Mr. Yajur Sharma, Advocate, for the petitioners in all petitions. Mr. Rahul Rampal, Addl. A.G., Punjab.
Mr. Chandeep Singh, Advocate, for the respondent-Election Commission in CWPs-17157 & 17163-2026.
Mr. Parkishit Goyal, Advocate, for the respondent-Election Commission in CWP-17194-2026. Mr. Rahul Rampal, Advocate for respondent No.6-MC. **** HARSIMRAN SINGH SETHI, J. (Oral) 1.
By this common order, all the aforementioned petitions, the details of which have been given in the heading, are being disposed of as all the petitions involve the same question of law on similar facts. 2.
The prayer raised in the present bunch of petitions is that the election to the Municipal Councils Gurdaspur, Qadian and Dinanagar are
going to be held in the first week of June, 2026 and there is an apprehension in the mind of the petitioners that either they will not be allowed to file the nomination papers so as to contest the election or that their nomination papers will not be accepted or that same will be arbitrarily rejected by the authorities concerned.
3.
Learned counsel for the petitioners submits that the similar apprehension was raised with regard to the elections of the Municipal Councils which are fixed for today i.e. on 26.05.2026 and this Court has already passed various orders giving directions with regard to the installation of CCTV cameras inside and outside the room of the Returning Officer, inside and outside of the polling station as well as in the storage room, which directions should also be implemented qua the elections to the aforementioned three municipal councils in the present petitions. Learned counsel for the petitioners further submits that with regard to the apprehensions being raised qua the security of contesting candidates or even otherwise, the Senior Superintendent of Police concerned has already been directed to look into the same in case any such representation is filed with him and do the needful so that no candidate contesting the elections faces harassment or threat to his/her security. Learned counsel for the petitioners submits that same should be made applicable in the present case as well. 4.
Further, qua the apprehension being faced qua cancellation/rejection of nomination papers, in case any nomination paper is to be rejected, a detailed speaking order qua such rejection should be passed by authority concerned and the details of all the candidates should be uploaded on the official website along with the documents attached with their nomination papers so that, in case any ineligible candidate applies, due objections can be taken.
5.
Notice of motion.
6.
Mr. Rahul Rampal, Addl. A.G., Punjab, accepts notice on behalf of the respondent-State and Mr. Chandeep Singh, Advocate, accepts notice on behalf of the respondent-Election Commission of India in CWPs-17157 & 17163-2026 and Mr. Parikshit Goyal, Advocate, accepts notice on behalf of the respondent-Election Commission in CWP-17194-2026 and Mr. Rahul Rampal, Advocate accepts notice on behalf of respondent No.6. 7.
Learned State counsel submits that all the orders passed in any of the previous writ petitions qua the conduct of elections relating to the installation of CCTV cameras inside and outside the office of Returning Officer, inside and outside the polling station, inside and outside the voting centre, will be duly adhered to even qua the present three municipal councils. Learned State counsel further submits that no candidate will be prevented from filing the nomination papers and the scrutiny of such nominations filed will be done in the manner required and in case any nomination papers so filed is to be rejected, due reason will be given by passing a speaking order which is to be supplied to the candidate concerned within a period of 48 hours of the rejection of the same. Learned State counsel further submits that installation of well working CCTV cameras inside and outside the storage rooms will also be given effect in case, the counting of votes is on a different date then one which is fixed for polling. 8.
We have heard the learned counsel for the parties and have gone through the record with their able assistance. 9.
It may be noticed that keeping in view the elections of the Municipal Councils/Nagar Panchayats which are fixed for today i.e. 26.05.2026, certain orders have already been passed to be kept in mind by the authorities concerned including the installation of CCTV cameras and
preserving the said footage, which order passed in CWP-16135-2026 titled as Amandeep Singh Nagi Versus State of Punjab and others, decided on 21.05.2026, will be adhered to even qua the elections to be held in the above mentioned three municipal councils, scheduled to be held in the first week of June, 2026.
10.
Further, any order passed by this Court already in violation to the elections of Punjab Municipal Councils held today i.e. on 26.05.2026 will be ipse facto applicable in the elections to be held in the present three municipal councils and if any such order passed is brought to the notice of the authority concerned by a candidate, will be given due effect and such request will not be rejected on the ground that the same was passed in any other case and not in the present case and such order will be implemented without any fail by the Returning Officer concerned. 11.
Further, the orders passed with regard to the installation of CCTV cameras, it is clarified that the same will be installed inside and outside the office of Returning Officer, inside and outside the polling booth, inside and outside the counting centre as well as inside and outside the storage room in case counting of votes is on a different date, then the one for polling.
12.
Further, no one who is not authorized to cast vote will be allowed to be near the office of the Returning Officer, polling booth or the counting centres and anyone found violating this direction, the police will be within its jurisdiction to take appropriate action. With regard to the apprehension to the security of contesting candidate or even otherwise, the Senior Superintendent of Police concerned is directed that in case, any representation is received, the same will be looked into and in case needed, due security will be provided for the smooth conduct of the elections and to
avoid any untoward incident during the election process. 13.
With regard to the prayer of using EVMs in the voting process, the Punjab State Election Commission will take appropriate decision keeping in view the settled principle of law and in case, it is found to be feasible by the Election Commission, the EVMs will be used in the voting process and in case, the Commission decides to conduct the voting process by way of ballot paper, they can go ahead with same keeping in view the shortage of time. For the said purpose, appropriate order will be passed within a period of seven days from today.
14.
Further, it may be noticed that in case 'no objection certificate' is not granted, the candidates can file their self-attested affidavit stating therein that they fulfil all the requisites to contest the election which affidavit in case accompanied by a nomination paper and all the relevant supporting documents will be treated as valid by the Returning Officer. Any typographical error in case found in the nomination papers so filed, the candidate concerned will be given due opportunity before the rejection of the same keeping in view the instructions already issued by the Punjab State Election Commission to rectify the typographical error. 15.
The present petitions are disposed of in the above terms. 16.
Civil miscellaneous application pending, if any, is also disposed of.
17.
A photocopy of this order be placed on the file of the connected case.
(HARSIMRAN SINGH SETHI) JUDGE (DEEPAK MANCHANDA) 26.05.2026 JUDGE Sandeep Whether Speaking/Reasoned :
Yes Whether Reportable :
No