Patiala civic polls: SC issues notice to poll panel over ‘obstruction’ of BJP, Congress, SAD candidates

The Supreme Court on Friday issued notice to the state Election Commission of Punjab on petitions accusing the ruling AAP of preventing the candidates from opposition BJP, Congress and SAD from filing nominations in the ensuing Patiala municipal elections.

However, a Bench led by Justice Vikram Nath refused to stay the elections scheduled to be held on December 21, saying it would only intervene after thoroughly examining the allegations.

As many as 15 councillors from the ruling AAP have already been elected unopposed due to ‘absence’ of opposition candidates. With a majority mark of 31 in the 60-member House, AAP needs another 16 councillors to secure the control of the civic body.

Senior advocate Vivek Tankha and advocate Athenam Velan – representing some Congress and BJP candidates, respectively submitted that several opposition candidates had been denied the opportunity to contest elections.

However, the Bench said, “We will interfere in the final say and not in the ex-parte motion. Ultimately, if we are satisfied that there has been mischief and candidates were deliberately thwarted, we will set aside everything. Nobody can stop us on that...”

Asking the parties to file their responses, the Bench posted the matter for further hearing on February 19, 2025.

Tankha said 27 of the 60 Congress candidates were either denied access to nomination centres or had their nomination papers destroyed. The Election Commission declined to intervene, citing the commencement of the election process, despite its broad constitutional powers, he said.

“This is a case of complete election fraud. Opposition candidates faced physical obstruction, illegal detentions, and intimidation during the nomination period. Political parties from across the spectrum are united in challenging these malpractices,” Tankha submitted.

The petitioners alleged that between December 9 and December 12, state machinery was used to prevent opposition candidates from filing nominations.

The top court on November 18 said it was “very strange” that 3,000 out of 13,000 panchayat office bearers were elected unopposed in recently held polls in Punjab and permitted aggrieved candidates to file election petitions.

CJI Sanjiv Khanna-led bench, while hearing a separate petition relating to the panchayat polls, had said the aggrieved persons could file election petitions before the election tribunal which would decide them in six months.