SC declines to halt ongoing Punjab panchayat polls

The Supreme Court of India on Tuesday declined to halt the ongoing panchayat elections in Punjab, citing that disrupting the election process after polling had commenced would lead to “chaos.” A bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, along with justices JB Pardiwala and Manoj Misra, highlighted the importance of judicial restraint in election-related matters and refused to issue any interim order to stall the elections, which began at 8 AM on Tuesday.

The court addressed concerns raised by a group of lawyers, who argued for a stay on the polling. They contended that the Punjab and Haryana High Court had initially restrained the state from conducting the elections on October 9, but later vacated that stay on October 14, allowing the elections to proceed. The lawyers argued that the nomination process was marred by procedural irregularities, with many candidates’ papers being rejected unjustifiably, often without explanation, leading to unopposed elections.

The Supreme Court, however, upheld the importance of allowing elections to proceed without interference once polling has started, referencing earlier rulings such as Lakshmi Charan Sen Vs AKM Hassan Uzzaman (1985) and MS Gill Vs Chief Election Commissioner (1978). The CJI remarked that courts should be cautious about interfering with elections as it could have severe consequences, emphasizing that halting an election after polling began would be disruptive.

The Punjab panchayat elections are being held across 19,110 polling booths, with 1,187 classified as hyper-sensitive. The elections will fill 9,398 positions for sarpanch (village head) and multiple panch posts. It was noted that 3,798 sarpanch candidates had already been elected unopposed.

Despite the petitioners’ concerns, Advocate General Gurminder Singh, representing the Punjab government, cited Article 243-O of the Constitution, which limits judicial intervention once elections have begun. He further argued that election-related grievances can only be addressed post-election through formal election petitions, underscoring the need to uphold the electoral process to prevent setting dangerous precedents that could disrupt elections at various levels.

After extensive deliberations, the Supreme Court ruled that it would not interfere with the elections and stated that appeals regarding the high court’s decision would be addressed at a later stage. The elections continued as planned, ensuring the continuity of the democratic process in Punjab.

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