The Supreme Court last week set aside elections in 50 municipal wards in Punjab and ordered fresh polls within six weeks after a fact-finding inquiry uncovered serious irregularities in the electoral process. The violations included allegations of candidates being prevented from filing nomination papers, documents being snatched or torn, and candidates facing assault, detention and threats.
The affected wards are spread across Patiala and Moga districts. The court accepted the findings of a commission headed by former Punjab and Haryana High Court judge Nirmaljit Kaur, which investigated complaints relating to the local body elections held in December 2024. The decision is significant because the court found that the problems went beyond routine election disputes. The findings raised questions about whether candidates had been given a fair opportunity to contest in the affected wards.
Why did the Supreme Court cancel the Punjb elections?
The primary reason was widespread obstruction during the nomination process, according to the fact-finding commission's report. The inquiry found instances in which candidates were allegedly stopped from submitting their nomination papers. In some cases, nomination documents were snatched, torn or destroyed. The report also documented allegations of physical intimidation, detention and threats against candidates.
These irregularities affected the ability of opposition candidates to enter the electoral contest. In several wards, candidates of the ruling Aam Aadmi Party (AAP) were declared elected unopposed after rival candidates were unable to contest. The commission examined complaints, affidavits, photographs, video recordings, official records and statements from election officials, police personnel and other people involved in the process.
It also identified instances of alleged bogus or multiple voting and intimidation during polling in certain wards. The inquiry concluded that the elections in 50 wards had been compromised to an extent that justified setting them aside. The Supreme Court accepted the commission's recommendations and directed that the affected wards go to the polls again.
Which Punjab wards will go to repolls?
The court's order covers 50 wards across two districts.
Patiala district: 28 wards
Moga district: 22 wards
The affected areas include municipal corporation and municipal council wards. In Moga district, the commission examined complaints relating to Dharamkot and Baghapurana municipal councils. The original local body elections were held on December 21, 2024.
What did the Punjab Civic polls fact-finding commission discover?
The Supreme Court had appointed the commission to investigate allegations that candidates were prevented from contesting the local body elections. The inquiry was led by Justice Nirmaljit Kaur, a former judge of the Punjab and Haryana High Court.
The report identified multiple types of alleged electoral violations, including:
- Candidates being prevented from reaching nomination centres or submitting their papers.
- Nomination documents being snatched, torn or destroyed.
- Candidates allegedly being detained, threatened or physically assaulted.
- Nomination papers being rejected or withdrawals being obtained under questionable circumstances.
- Allegations of bogus voting, intimidation and booth-related irregularities in some wards.
The commission also raised concerns about missing CCTV footage from locations where alleged incidents took place. In some cases, the material available to investigators included videos, photographs and media reports.
What safeguards Supreme Court has now ordered for repolls?
The court has directed additional monitoring to ensure that the fresh elections are conducted freely, fairly and transparently. The Chief Justice of the Punjab and Haryana High Court has been asked to appoint a monitoring committee headed by a retired High Court judge within one week of the order. The re-election schedule is to be announced only after the committee has been constituted.
The court has also directed the appointment of at least two or three senior advocates as observers. The nomination process, scrutiny of papers, allocation of election symbols and polling must be videographed in their presence. The recordings must be preserved and handed over to the monitoring committee.
Punjab must also provide the committee with ward-wise details of officials deployed for election duty, including police officers of the rank of deputy superintendent of police and above. Complaints about interference or obstruction during the fresh election process can be submitted to the monitoring committee. If a complaint is found to have merit, the committee can report it to the High Court's Chief Justice for appropriate action.
The court has set a deadline of six weeks for completing the entire re-election process. The results are to be declared only after the High Court's Chief Justice is satisfied, on the basis of the committee's report, that the elections were conducted fairly.
What was Punjab government's response?
Senior advocate Kapil Sibal, appearing for the Punjab government, told the Supreme Court that the state had no objection to accepting the commission's recommendations. The court subsequently accepted the findings and ordered fresh elections in the 50 affected wards.