The Supreme Court has appointed former Punjab and Haryana High Court judge Nirmaljit Kaur to examine grievances raised by candidates who were allegedly denied the opportunity to contest the 2024 civic body elections in Punjab.
A bench comprising Justices Surya Kant and N Kotiswar Singh clarified that the appointment of the fact-finding commission is not to be treated as a precedent. Justice Nirmaljit Kaur has been assigned to conduct the inquiry on a day-to-day basis and submit her report at the earliest.
The court, however, refrained from expressing any opinion on the merits of the issues involved.
The bench noted that both parties had agreed to deviate from the prescribed legal procedure to facilitate the constitution of a fact-finding commission, which would be restricted to addressing concerns in the constituencies currently under judicial scrutiny.
It further specified that only those who had approached either the Punjab and Haryana High Court or the Supreme Court via special leave petitions or intervenor applications would have the liberty to submit their claims before the commission.
The Supreme Court passed this detailed order in response to multiple petitions challenging the high court's previous rulings related to the civic body elections held in 2023.
The court highlighted that these cases involved disputed questions of fact, which could not be effectively adjudicated through writ jurisdiction by either the high court or the Supreme Court.
Acknowledging that the ongoing legal uncertainties were impeding the smooth functioning of the elected municipal bodies, the bench persuaded the parties to consent to the appointment of a former high court judge to conduct a fact-finding inquiry, allowing the concerned parties to submit their respective claims and counterclaims.
Also Read: Farm leader Dallewal ends 123-day fast, Punjab informs SC
As part of the order, the Supreme Court directed the Punjab government to pay Justice Nirmaljit Kaur an honorarium of Rs 5 lakh per month, provide her with an official vehicle, and offer full secretarial assistance as required.
Additionally, she was granted the discretion to engage a retired judicial officer of her choice and a private secretary to assist in daily proceedings.
The Punjab government was instructed to allocate suitable office space within a government building in Chandigarh or SAS Nagar, Mohali, to facilitate the inquiry. The matter has been scheduled for further hearing on May 22.
The petitioners in the case included members of various national political parties, who alleged that individuals affiliated with the ruling party, along with police officials and other unidentified persons, obstructed them from submitting their nomination papers.
They further claimed that they were subjected to physical assault, had their clothes torn, and had their nomination forms snatched.
Despite prior directions from the high court to document the nomination process through audio-visual means, the petitioners argued that these measures were not implemented.
Another major contention raised was that elections for the posts of mayor, senior deputy mayor, and deputy mayor were being conducted with an incomplete quorum, as elections for certain wards had been deferred and remained unresolved.
Also Read: Free speech can't be judged by weak minds: SC
The Punjab and Haryana High Court had previously issued three significant orders on December 13, January 10, and January 16 concerning the civic body polls.
In its December 13, 2023 order, the high court disposed of the matter while directing the concerned authority to treat the petitioners' plea as a formal representation and to resolve it on the same day.
Subsequently, on January 10, 2024, the high court dismissed another writ petition, ruling that the elections for the posts of mayor, senior deputy mayor, and deputy mayor could not be postponed despite the pendency of elections for various wards.
The petitioners also challenged the high court's January 16 ruling, which permitted certain candidates to take the oath of office as they had been elected unopposed.
The Supreme Court’s intervention marks a crucial development in the ongoing dispute, with the fact-finding commission now tasked with investigating the allegations and reporting its findings.
The outcome of this inquiry is expected to have significant implications for the legitimacy of the civic body elections and the broader electoral process in Punjab.
Also Read: SC orders Punjab DGP to form SIT for woman's death probe
Follow us
