Krishan Kumar And ORS v. State Of Punjab And ORS

CWP-19182-2026 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19182-2026 (O&M) Date of Decision: 17.06.2026 KRISHAN KUMAR AND OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS .....Respondent(s)

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Parambir Singh, Advocate, for the petitioners. Mr. Jastej Singh, Addl. A.G, Punjab.

**** JASGURPREET SINGH PURI , J. (Oral) 1.

The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.2 to decide the representation dated 02.06.2026 (Annexure P-3), with a further direction to direct respondent Nos.3 and 4 to preserve and to keep intact the ballot papers (including those declared as invalid/rejected by the Returning Officer or Assistant Returning Officer and the entire election record pertaining to Ward No. 1, 3, 4, 7, 8 & 13, Municipal Council, Raman, Talwandi Sabo whose result was declared on 29.05.2026. A further prayer has been made to direct respondent Nos. 3 and 4 to preserve the videography carried out with regard to the counting of votes of Ward No. 1, 3, 4, 7, 8 & 13, Municipal Council, Raman, Talwandi Sabo of the Municipal Council, Faridkot.

2.

Learned counsel appearing on behalf of the petitioners submitted that there had been malpractices in the election process for the RAKESH KUMAR 2026.06.18 11:37 I attest to the accuracy and authenticity of this order/judgment

CWP-19182-2026 (O&M) -2Municipal Council elections and the prayer in the present petition is for directing respondent Nos.3 and 4 to preserve and keep intact the ballot papers with a further prayer for constitution of the Election Tribunal in accordance with law.

3.

At this stage, Mr. Jastej Singh, learned Additional Advocate General, Punjab has submitted that he has received instructions from Ms. Rajdeep Kaur, Secretary, State Election Commission, Punjab to state that the Election Tribunal has already been constituted and is operational and therefore, the present petition would not be maintainable because the remedy available to the petitioners is to file an election petition in accordance with law. He also submitted that he has further instructions to state that as per the rules and procedures of the Election Tribunal, the videography undertaken during the course of election and the ballot papers are to be preserved at least till the filing of the election petition and therefore, the prayer of the petitioners has already been taken care of by the Election Commission.

4.

Learned counsel for the petitioner has submitted that in view of the statement made by the learned State counsel, the present petition is disposed of.

5.

Ordered accordingly.

(JASGURPREET SINGH PURI) JUDGE (DEEPAK GUPTA) JUDGE 17.06.2026 rakesh Whether speaking :

Yes/No Whether reportable :

Yes/No RAKESH KUMAR 2026.06.18 11:37 I attest to the accuracy and authenticity of this order/judgment