The Punjab and Haryana High Court on Saturday directed the Chandigarh administration to explore the possibility of rescheduling the mayoral polls. This directive comes in response to a petition challenging the administration's decision to postpone the elections until February 6.
The division bench comprising Justices Sudhir Singh and Harsh Bunger issued notices to the Union Territory administration, Chandigarh Municipal Corporation, and the police, instructing them to submit their responses by January 23.
The petition was filed by AAP councillor Kuldeep Kumar, who contested the UT administration's order to delay the mayoral polls.
During the hearing, Advocate Ferry Sofat, representing the petitioner, revealed that the court suggested the Chandigarh administration consider rescheduling the polls.
The court reportedly orally asked the administration to propose a new date for the mayoral elections, preferably between January 23 and January 26.
Sofat further explained that when the Chandigarh administration cited law and order concerns for the postponement, the court proposed the involvement of a central agency if the local police deemed unable to manage the situation during the polls.
The court was also informed about upcoming events in the city, including the consecration ceremony at the Ram Temple in Ayodhya on January 22 and the subsequent Republic Day celebrations.
Considering these events, the court appears to be pushing for a swift resolution to the mayoral election matter.
The petitioner's counsel argued that the Chandigarh Deputy Commissioner lacks the authority to defer the polls. In contrast, Senior Advocate Chetan Mittal, representing the Municipal Corporation, contended that the Deputy Commissioner, as the prescribed authority, possesses the power to postpone the elections.
Kuldeep Kumar, the petitioner and mayoral candidate, urged the court to set aside the Deputy Commissioner's January 18 order and advocated for the immediate conduction of the elections.
The legal proceedings ensued after the Aam Aadmi Party (AAP) approached the high court when the Chandigarh mayoral polls were unexpectedly postponed. The reason provided was the sudden illness of presiding officer Anil Masih.
During Thursday's hearing, the Chandigarh administration informed the court that February 6 had been chosen as the new date for the mayoral polls, taking into account the law and order situation.
The petitioner also raised concerns about the municipal corporation's decision to restrict the entry of councillors into the premises. Emphasising the need for fair and free elections, Kumar sought the court's intervention in quashing this restriction.
Notably, the mayoral polls, initially scheduled for Thursday, were deferred indefinitely following the presiding officer's illness. The Congress and AAP, forming an alliance for the mayoral polls, accused the BJP of propagating a conspiracy while manipulating the situation to avoid an "imminent defeat."
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