PANCHAYAT ELECTIONS: For transparency, HC orders videography
In a move aimed at enhancing transparency and fairness in the upcoming panchayat elections, the Punjab and Haryana High Court has directed videography during the polling and vote counting in gram panchayats referred to in 22 petitions before the court.
A Division Bench of Justice Vikas Bahl and Justice Harpreet Singh Brar made it clear that the proceedings, both inside and outside polling booths, would be recorded and preserved for three years from the date of voting.
“We are of the opinion that proper videography of the proceedings, at the time of polling and counting of votes with respect to elections for the posts of sarpanches and panches of the gram panchayats, regarding which the present writ petitions have been filed, would serve the purpose of free and fair election and would also facilitate its completion in a fair manner,” the Bench asserted.
To be preserved for three years
We are of the opinion that proper videography of the proceedings, at the time of polling and counting of votes with respect to elections for the posts of sarpanches and panches of the gram panchayats, regarding which the present writ petitions have been filed, would serve the purpose of free and fair election and it needs to be preserved for three years. —Justice Vikas Bahl & Justice Harpreet Singh Brar
Laying down the procedure, the court directed the deputy commissioner-cum-district election officer concerned and the Punjab State Election Commission to ensure thorough videography coverage. The SSP concerned was also instructed to provide adequate security to maintain order during the elections.
The Bench, during the course of hearing, also referred to the full Bench ruling in the case of “Prithvi Raj versus State Election Commission, Punjab” and the Division Bench judgment in the matter of “Manjinder Singh versus State of Punjab”, which underscored the role of videography in ensuring transparency in elections at the grassroots level. Among other things, it said: “It is desirable that proper videography of the proceedings at the time of counting of votes is done to maintain transparency and fairness in the election at grassroots level.”
The directions come at a time when the high court has already admonished the state of Punjab for its handling of the panchayat elections, specifically citing arbitrary rejections of nomination papers and alleged coercion of candidates. Emphasising statutory provisions, the Bench asserted: “The grounds on which nomination papers of the petitioners have been rejected do not exist either under Section 38 or Section 39 of the Punjab State Election Commission Act
of 1994.”
The Bench added lack of adherence to legal provisions during scrutiny raised serious concerns over the fairness of the election process. The court also pointed out that allegations of forced or manipulated withdrawal of candidature were not isolated incidents, as candidates who were allegedly unopposed were declared winners prematurely. Photographs were submitted by the petitioners showing the winning candidates “being garlanded by the present Chief Minister or standing in the company of MLAs of the ruling party”. The Bench asserted, “Even in the case of no other candidate in the fray except one, he cannot be declared elected unopposed prior to the date of polling,” which is scheduled for October 15.
