HC directs Punjab Govt to announce MC election schedule by Oct 14

The Punjab and Haryana High Court has expressed concern over the delay in scheduling Municipal Corporation and Municipal Council elections, which are long overdue. The court’s observations came following a public interest litigation (PIL) filed by a local resident. The court issued a stringent directive, calling the government to announce the election schedule by October 14, 2024.

Parbodh Chander Bali, a local activist, filed the PIL on January 4 this year, drawing attention to the government’s persistent disregard for legal notices and its failure to adhere to the Punjab Municipal Corporation Act of 1976 (Section 7(2)(a)), which mandates timely municipal elections. Despite repeated legal interventions, the government’s inaction left no recourse but to seek judicial intervention.

On September 23, the Punjab and Haryana High Court addressed the PIL filed by Bali. Presided over by Justice Sheel Nagu, who was accompanied by Judge Anil Kshetrapal, the court issued a stringent directive, compelling the government to announce the election schedule by October 14, 2024, under threat of judicial action. Chief Justice Sheel Nagu visibly expressed dismay at the government’s conduct during the proceedings.

During the hearing, the Attorney General of Punjab cited pending Supreme Court litigation regarding ward delimitation as grounds for election postponement. However, the court dismissed the argument, emphasising that no stay order from the Supreme Court existed, rebuking attempts to subvert democratic processes.

Parbodh Chander Bali criticised the Aam Aadmi Party-led Punjab government for prioritising political expediency over democratic principles, citing questionable ward delimitation tactics aimed at securing electoral advantages through covert manoeuvres. Despite adverse High Court rulings, the government appealed to the Supreme Court, ensuring a stay order (which was not even granted to the Punjab Government) that further delayed the elections.

It is worth mentioning here that the Municipal Corporation General House was dissolved on January 21, 2023 and the election has been delayed till date. Political activists claimed that the delay in election is against the idea of democracy and Constitution.