[Cites 4, Cited by 0]
Punjab-Haryana High Court
Jagdeep Sharma vs State Of Punjab And Others on 22 May, 2026
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
CWP No.16705 of 2026 (O&M) and
other connected case
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
126 CWP No.16705 of 2026 (O&M)
Date of Decision: 22.05.2026
MUKESH GANDHI AND ANOTHER
.....Petitioners
Versus
STATE OF PUNJAB AND OTHERS
........Respondents
141 CWP No.16755 of 2026 (O&M)
JAGDEEP SHARMA
.....Petitioner
Versus
STATE OF PUNJAB AND OTHERS
........Respondents
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Vimal Kumar Gupta, Advocate,
for the petitioners in CWP-16705-2026.
Mr. Jimmy Singla, Advocate,
for the petitioners in CWP-16755-2026.
Mr. Jastej Singh, Addl. Advocate General, Punjab.
****
HARSIMRAN SINGH SETHI, J. (Oral)
1. By this common order, all the aforementioned petitions, the
details of which have been given in the heading, are being disposed of as all
the petitions involve the same question of law on similar facts. For the sake
of convenience, facts are being taken from CWP-16705-2025.
2. In the present petitions, the prayer of the petitioners is that the
respondents be directed to ensure videography of the entire polling process,
counting process, of strong room and to deploy Central Police Force for
conduct of free, fair and transparent Municipal Elections of Municipal
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
Committee, Dera Bassi, District SAS Nagar (Mohali).
3. Learned counsel for the petitioners further submits that an
'Observer' of the rank of IAS Officer, Senior PCS Officer, or Senior Police
Officer, as the case may be, should be appointed to observe the conduct of
polling, which Observers should submit a report to the Punjab State Election
Commission regarding the conduct of free and fair elections and whether
there was any misconduct in conduct of such election.
4. Learned counsel for the petitioners further submits that
adequate security be provided to the candidates contesting the elections so
that no untoward incident occurs.
5. Notice of motion.
6. Mr. Jastej Singh, learned Additional Advocate General, Punjab,
accepts notice on behalf of the respondents-State and submits that the same
issue had already come before this Court and the State had already given the
statement with regard to such grievances raised therein and while passing
order in CWP-16135-2026, titled as Amandeep Singh Nagi Versus State of
Punjab and others, decided on 21.05.2026, appropriate directions with
regard to installation of CCTV cameras, appointment of 'Observer' and with
regard to threat perceptions, have already been given and such directions
given while passing order in Amandeep Singh Nagi's case (supra) will also
be adhered to qua all the municipal councils, qua which elections are
scheduled to be held on 26.05.2026 or in case of some Municipal Councils
the first week of June, 2026 and therefore, no fresh directions need to be
given.
7. We have heard the learned counsel for the parties and have gone
through the record with their able assistance.
8. It may be noticed that the question of law raised in the present
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
petition, was also raised in Amandeep Singh Nagi's case (supra), the order
passed in that petition on 21.05.2026 i.e., yesterday is as under:-
"1. By this common order, all the aforementioned
petitions, the details of which have been given in the
heading, are being disposed of as, all the petitions involve
the same question of law on similar facts.
2. In the present petitions, the prayer of the petitioners is
that in order to conduct free and fair elections to the
respective Municipal Councils/ Nagar Panchayats, which
are scheduled to be held on 26.05.2026, the official
respondents including Punjab State Election Commission
and the officers working for the Commission during the
election process, be directed to bring into operation
certain requirements, including the installation of CCTV
cameras inside and outside the polling booths, as well as
at the places where counting of votes is conducted, as
well as the storage rooms where the votes so casted in the
election are being kept after polling before the same are
counted.
3. Learned counsel for the petitioners further submits that
an 'Observer' of the rank of IAS Officer, Senior PCS
Officer, or Senior Police Officer, as the case may be,
should be appointed to observe the conduct of polling,
which Observers should submit a report to the Punjab
State Election Commission regarding the conduct of free
and fair elections and whether there was any misconduct
in conduct of such election.
4. Learned counsel for the petitioners further submits that
adequate security be provided to the candidates
contesting the elections so that no untoward incident
occurs.
5. Notice of motion.
6. Mr. Jastej Singh, learned Additional Advocate General,
Punjab, on instructions from Ms. Rajdeep Kaur, PCS,
Secretary, State Election Commission, submits that it has
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
already been decided to install CCTV cameras inside the
polling booths as well as at the vote counting centres on
the day of polling and on the day of counting of votes, so
as to ensure that not only the counting of votes is
conducted in a fair and transparent manner but also
election are conducted smoothly in free and fair manner.
7. Learned State counsel further submits that Poll
Observers, who shall be Senior IAS Officers, Senior PCS
Officers, or Senior Police Officers, as the case may be,
have already been appointed to supervise conduct of
elections in all the Municipal Councils who are to submit
their reports to the Punjab State Election Commission.
8. With regard to the request for appointment of a Court
Observer, learned State counsel submits that the same is
the prerogative of the Court, however, in case any
Neutral/Court Observer is appointed by the Court, the
State has no objection to the same, as the State is
conducting the elections in the manner required as per
law.
9. We have heard learned counsel for the parties and have
gone through the case file with their able assistance.
10. Certain suggestions have been given by the
petitioners for achieving the purpose of conducting free
and fair elections which are scheduled to be held on
26.05.2026 in the various Municipal Councils/ Nagar
Panchayats of the State of Punjab. Keeping in view the
suggestions given by the petitioners and the response of
the State to such suggestions, almost all the suggestions
of the petitioners have already been complied with by the
State. Though the State counsel submits that CCTV
cameras would be installed inside the polling booths, but,
keeping in view the instructions issued by the State
Election Commission during the previous elections vide
notification dated 20.12.2024, wherein CCTV cameras
were directed to be installed both inside and outside the
polling stations to ensure that no unauthorized person is
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
allowed near the polling stations, the same procedure
shall also be followed in the present elections.
Meaning thereby, CCTV cameras shall be installed not
only inside the polling booths but also outside the polling
booths as well.
11. As undertaken by the learned State counsel on
instructions, the vote counting centres will be wholly
under the coverage of CCTV cameras, and the process of
counting the votes will also be recorded through the said
CCTV cameras. The footage/recordings of such CCTV
cameras, including the cameras installed inside and
outside the polling booths, shall not be destroyed for a
period of one year from the date of conduct of such
elections.
12. Further, in case any election petition is filed qua any
election of a ward of a Municipal Council/Nagar
Panchayats, the recording/footage of the said CCTV
cameras relating to such ward of Municipal Council/
Nagar Panchayats will not be destroyed without the prior
permission of the Election Tribunal.
13. Apart from this, as already ordered, the CCTV
cameras installed outside and inside the room of the
Returning Officer, and the recordings/footage thereof, will
also be preserved in terms of the directions issued
hereinabove and will not be destroyed without the
permission of the Election Tribunal or before lapse of one
year from the date of conduct of such elections,
whichever is later.
14. Further, it may be noticed that it shall be the duty of
the Returning Officer to ensure that all CCTV cameras
remain functional during the entire election process
including counting of votes. A report in this regard that
such cameras are working well will be submitted by the
Returning Officer to the State Election Commission upon
conclusion of the election process. The
footage/recordings of the CCTV cameras will also be
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
submitted by the Returning Officer to the Secretary,
Punjab State Election Commission, who will preserve the
same in terms of the directions issued hereinabove.
15. In case, it is found that any CCTV cameras were not
functional, the Returning Officer, along with any other
officials found guilty in this regard, will be liable for the
consequences thereof. The Punjab State Election
Commission will recommend for initiation of disciplinary
action against such officials to their parent department,
and the concerned department will be bound to submit a
report regarding the action taken against such officials to
the Punjab State Election Commission within a period of
six months from the date of receipt of such
communication.
16. Further, the CCTV cameras will also contain date and
time stamps, as has already been notified by the Punjab
State Election Commission vide communication dated
06.12.2025.
17. Further, the State has assured the Court that the
police authorities have already been directed to remain
vigilant for the conduct of smooth elections which are
scheduled to be held on 26.05.2026. That being so, in
case any candidate apprehends any threat to his/her life
and approaches the SSP of the area concerned with a
representation clearly showing a genuine apprehension,
appropriate action will be taken by the SSP concerned to
ensure that no candidate is harassed or faces any threat
perception to his/her security on account of being a
candidate in the forthcoming elections to the Municipal
Councils/ Nagar Panchayats scheduled to be held on
26.05.2026.
18. It may be noticed that the directions given by this
Court while passing the order dated 18.05.2026 passed in
CWP -15795-2026-titled as 'Gurpartap Singh versus
State of Punjab and Others'; in CWP No. 15791 2026
titled as 'Yadwinder Kumar Singh Sharma and others
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
versus State Election Commission Punjab and others',
decided on 18.05.2026 and in CWP No. 15244-2026
titled as 'Rashmi Rani and others versus State of
Punjab and others', decided on 14.05.2026, will also
continue to operate. The present directions given
hereinabove will be in addition to the aforesaid directions
given earlier even if any direction is repetitive in nature.
19. Learned counsel for the petitioners submits that
where the nomination papers have wrongly been rejected
or accepted, and the liberty has been given to the
petitioners to approach the Election Tribunal for the
redressal of their grievances, the Election Tribunal be
directed to decide the said issue in a time bound manner.
20. It goes without saying that the Election Tribunal will
be remained bound by the directions issued by the
Hon'ble Supreme Court of India in SLP (C) No. 25527 of
2024, titled as 'Sunita Rani v. State of Punjab' to decide
the election petition as expeditiously as possible,
preferably within a period of six months from the date of
its filing, subject to the cooperation of the parties.
21. The present petitions are disposed of in above terms.
22. Pending civil miscellaneous application(s), if any,
stand disposed of.
23. A photocopy of this order be placed on the file of
other connected case(s)."
9. A bare perusal of the above would show that all the grievances
raised, have already been taken care while passing the above order and the
State has already given assurance that the same will be complied with qua all
the municipal councils which are going for polling on 26.05.2026 as well as
in the first week of June, 2026. Hence, in view of the undertaking given by
the learned State counsel, no further order is required to be passed on the
said issue.
10. At this stage, learned counsel for the petitioners submits that the
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
order passed by this Court wherein, directions have been given to the Deputy
Commissioner to decide the representation filed by the candidates whose
nominations have been rejected or where the nomination of the other
candidates have been accepted, the said liberty granted to decide the
representation is being misused so as to cancel the accepted nomination of
candidates under the garb of said liberty granted by passing of such order on
the representation of the candidates so received. Hence, the same be clarified
so that, the order passed by this Court is not misused to achieve ulterior
purpose.
11. It may be noticed that any directions given by the Court to
decide a representation, the authorities concerned are bound to decide the
said issue in accordance with law keeping in view the jurisdiction to decide
the said issue especially keeping in view the settled principle of law. Any
misuse of the order passed by this Court, to achieve ulterior purposes so as
to reject the accepted nomination based upon facts will be strictly viewed
and in case it is found that any order passed by the Deputy Commissioner on
representation so received was beyond his/her jurisdiction keeping in view
the provisions of the Punjab State Election Commission Act, 1994 as well as
the settled principle of law with regard to the acceptance or the rejection of
the nomination as well as consideration of same after the schedule for
finalizing the nomination papers had attained finality, this Court will direct
to initiate disciplinary proceedings against such officer even if, such fact of
misusing of the order passed by this Court is brought to the notice of this
Court after the conduct of the election. Hence, the Deputy Commissioner
concerned should pass appropriate order keeping in view the jurisdiction
which exists with such authority as per settled principle of law much less to
misuse any order passed by this Court to achieve ulterior purpose.
integrity of this order/judgment.
CWP No.16705 of 2026 (O&M) and
other connected case
12. The State is directed to bring to the notice of all the Deputy
Commissioner concerned the present order being passed so as to inform that
any misadventure at their part can result into serious consequences to be
faced by such officers, who will pass the order without jurisdiction or to
misuse the order passed by this Court to achieve ulterior purpose.
13. The present petitions are disposed of in above terms.
14. Civil miscellaneous application pending, if any, is also disposed
of.
15. A photocopy of this order be placed on the file of the connected
case.
(HARSIMRAN SINGH SETHI)
JUDGE
(DEEPAK MANCHANDA)
22.05.2026 JUDGE
Sandeep
Whether Speaking/Reasoned : Yes
Whether Reportable : No
integrity of this order/judgment.
