PANCHAYAT ELECTIONS: High Court stays rejection of sarpanch candidate’s nomination papers

Less than a week before the panchayat elections, the Punjab and Haryana High Court has described as shocking and startling a Returning Officer’s failure to refer to statutory provisions on a candidate’s disqualification. The assertion came as a Division Bench directed a probe into his conduct, while staying the rejection of nomination papers of an ex-sarpanch.

“The State Election Commission, Punjab, is also directed to take appropriate steps against the Returning Officer in accordance with law and submit the report,” the Bench of Justice Vinod S Bhardwaj and Justice Harpreet Singh Brar asserted.

Seeks record on panchayat poll

• The Punjab and Haryana High Court on Friday asked the state to produce record regarding the conduct of panchayat elections
• Fixing the matter for further hearing on October 14, the vacation Bench of Justice Vikas Bahl and Justice Harpreet Singh Brar made it clear that all related issues were kept open for deliberations
• As many as 300 petitions filed in the matter will come up for hearing before the Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma when the court reopens after Dasehra break

The Bench was hearing a petition filed against the state, the Returning Officer and other respondents by the ex-sarpanch. Responding to the averments, the Returning Officer in his affidavit said the embezzlement charges framed against the petitioner had not been removed by any competent court of law. But the recovery of the embezzled amount, in violation of the statuary period of four years, was quashed by the high court.

The Bench asserted the state counsel was directed to refer to the specific provision wherein a Returning Officer was entitled to reject nomination paper on a mere initiation of an inquiry. But he was unable to refer to any statutory clause on the basis of which a candidate’s application could be rejected, despite the recovery proceedings having been set aside by the HC for being in conflict with the provisions of the Punjab Panchayati Raj Act.

The Bench asserted: “Prima facie, the rejection is an attempt to overreach a Division Bench judgment of this court passed on July 17, 2023, exonerating the petitioner and quashing proceedings of recovery against him initiated under the Punjab Panchayati Raj Act. The failure of the Returning Officer to refer to any statutory provision attracting a disqualification is shocking and startling.”

“The petitioner is permitted to participate in the election process subject to final outcome of this writ petition. While staying the decision taken by the respondent-Returning Officer rejecting the petitioner’s nomination papers, we are of the opinion that the Returning Officer’s conduct also needs to be dispassionately examined by the State Election Commission,” the Bench concluded.