The Punjab and Haryana High Court has directed the Punjab State Election Commission to submit an affidavit explaining the steps taken to hold municipal elections in Talwara, Tarn Taran, and Dera Baba Nanak.
This order comes amid a dispute over the timeline for complying with the Supreme Court's directive issued on November 11, 2024, which mandated elections be completed within eight weeks.
The Division Bench, comprising Chief Justice Sheel Nagu and Justice Sudhir Singh, cited the Supreme Court's instruction: “The State Election Commission, Punjab, and the state must start the election process within two weeks and complete it within eight weeks. No further extensions will be granted.”
The Bench noted that the timeline might have been breached. A key issue is whether the eight-week period should be counted from November 22, 2024—the date the election notification was issued under Section 13-A of the Punjab Municipal Act—or from the date when the election programme was published.
“If the timeline is calculated from the publication date, then the State Election Commission, Punjab, and the state are in contempt of the Supreme Court's order,” the Bench observed.
The court expressed disappointment that Punjab had not sought an extension from the Supreme Court for the timeline. However, it acknowledged that the state had issued the necessary notification under Section 13-A of the Punjab Municipal Act on November 22, 2024.
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Recognising this action as a sign of good faith, the Bench said it was appropriate to await further steps by the Election Commission and the state.
Before concluding, the court ordered the Election Commission to provide a detailed affidavit about the actions taken after issuing the notification.
The High Court has previously criticised the prolonged delay in holding municipal elections. It highlighted that municipal bodies in Punjab have been managed by nominated officials for four to five years, violating Article 243U of the Constitution, which requires elections to be held before the term of an elected body ends.
The court called this situation “shocking” and emphasized that it goes against the principles of democracy. The Bench was hearing a public interest petition filed by advocate Bhisham Kinger against Punjab and other respondents.
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