Harbans Singh v. State Of Punjab

CWP No. 19926 of 2026

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (124) CWP No. 19926 of 2026 Date of Decision : 03.07.2026 Harbans Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present:

Mr. Mohit Sadana, Advocate for the petitioners. Mr. Jastej Singh, Additional Advocate General, Punjab. *** Harsimran Singh Sethi, J. (Oral) 1.

Learned counsel for the petitioners submits that as they have already received the notice of the meeting of Municipal Council, Mansa for administering oath and conducting election to the Offices of President/Vice President fixed for 04.07.2026, they will attend the same but the only apprehension is that anyone of the petitioners can be arrested or prevented by way of preventive detention in order to make sure that he/she is not able to attend the meeting so as to be able to cast the vote for the election to the post of President/Vice President. Learned counsel for the petitioners submits that they will abide by the law and in case, any of the petitioners has done any wrong though, as of now there is no FIR or anything against the petitioners custody for preventive detention but before the meeting if any such action is taken by the State, the same will cause prejudice to the petitioners. Hence, under all circumstances, the petitioners be allowed to attend the meeting fixed for 04.07.2026.

2.

Notice of motion.

KANCHAN 2026.07.03 16:16 I attest to the accuracy and integrity of this order/judgment

CWP No. 19926 of 2026 3.

On the asking of the Court, Mr. Jastej Singh, learned Additional Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent-State.

4.

Learned counsel for the respondents submits that as of now he has no instructions whether, any FIR has been registered against the petitioners or if they are needed for preventive custody. Learned counsel submits that it is only an apprehension of the petitioners that they will be restrained from participating in the meeting of the Municipal Council, Mansa fixed for 04.07.2026 so as to administer the oath to the newly elected Councillors and to elect the President/Vice President. Learned counsel for the respondents further submits that in order to show that the State does not intervene in such kind of election with any motive, even if any of the petitioners is taken into preventive custody due to any act attributable to him/her or is arrested in respect of any FIR prior to the meeting dated 04.07.2026 still such petitioner will be allowed to participate in the meeting dated 04.07.2026 under such police custody or any other meeting in case, the same is postponed in any manner.

5.

Learned counsel for the petitioners submits that keeping in view the statement given by the learned counsel for the respondent-State no further grievance of the petitioners survives and the present petition may kindly be disposed of having been not pressed any further. 6.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) July 03, 2026 JUDGE kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.07.03 16:16 I attest to the accuracy and integrity of this order/judgment