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2026 DAILYLAW 24721 (PNJ)

HARJOT SINGH ALIAS HARJOT SINGH BAJWA AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CWP/19450/2026 · 2026-06-24

Ramesh Kumari, Vikas Bahl

body2026

Judgment text

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CWP-19450-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-19450-2026 Date of decision : 24.06.2026 Harjot Singh @ Harjot Singh Bajwa and another ... Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MRS. RAMESH KUMARI Present: Mr.Sunny K. Singla, Advocate for the petitioners. Mr.Jastej Singh, Addl. A.G. Punjab. Mr. D.S. Randhawa, Advocate for respondent no.5 (through V.C.) VIKAS BAHL, J.(ORAL) 1. In the present writ petition, following prayers have been made:- “Civil Writ Petition under articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to ensure that free and fair elections are conducted for the post of President, Vice Presidents of Municipal council Banur without any external influence, intimidation in pursuance to letter dated 21.06.2026 (Annexure P-2) issued by respondent no.3 & 4 considering the facts and circumstances of the case; AND Further issuance of a writ in the nature of Mandamus to appoint any retired judicial officer or any other suitable officer as a Court Commissioner/Observer to supervise and monitor the abovesaid election DAVINDER KUMAR 2026.06.24 17:54 I attest the accuracy and authenticity of this order / judgment CWP-19450-2026 2 process so that fair and transparent election could be conducted considering the facts and the circumstances of the case; AND Further issuance of a writ in the nature of Mandamus directing the respondents to videograph the entire election process for the post of President, Vice Presidents of Municipal Council Banur to maintain transparency considering the facts and the circumstances of the case; AND For issuance of any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.” 2. Learned counsel for the petitioners at the outset has submitted that he wishes to withdraw the present petition qua petitioner no.2 and would press the present petition qua only petitioner no.1. 3. Ordered accordingly. 4. Learned counsel for petitioner no.1 has submitted that he is only pressing the prayer with respect to videograph of the entire election process for the post of President, Vice Presidents of Municipal Council Banur to maintain transparency. Reliance in this regard is placed upon the judgment of the Division Bench dated 11.10.2024 passed in CWP-26673- 2024 titled as Anil Kumar Versus State of Punjab and others and other connected matters. The relevant portion of the said judgment which has been highlighted is reproduced hereinbelow: “2. The Full Bench of this Court in case titled as Prithvi Raj Vs. State Election Commission, Punjab and others, passed in CWP-3575-2003, decided on 25.07.2007, had observed that power of the High Court under Article 226 of the Constitution of India would be available, where exercise of the said power subserves the progress of the election, facilitates its completion and is exercised DAVINDER KUMAR 2026.06.24 17:54 I attest the accuracy and authenticity of this order / judgment CWP-19450-2026 3 to further the election process. Reference can also be made to the judgment of the Division Bench of this Court passed in case titled as Manjinder Singh Vs. State of Punjab and others, reported as 2019(1) RCR (Civil) 483, in which, it was observed that 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. 3. Keeping in view the above, 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 subserve the purpose of free and fair election and would also facilitate its completion in a fair manner. Thus, all these civil writ petitions are disposed of with the following directions: - (i) Concerned Deputy Commissioner-cum-District Election Officer as well as Punjab State Election Commission would ensure that there would be proper videography of the proceedings at the time of polling and counting of votes; both inside and outside the polling booths in order to maintain transparency and fairness in the elections and the said videography would be preserved for a period of three years from the date of polling. (ii) Concerned Senior Superintendent of Police is also directed to provide adequate security for the conduct of the said panchayat elections. 4. With the aforesaid observations made and directions issued, all these 22 civil writ petitions are disposed of.” 3. Learned State counsel has submitted that in view of the abovesaid directions, the proper videography of the proceedings would be done of the inside of the premises where the election for the posts of President and Vice Presidents of the Municipal Council is to take place. It is DAVINDER KUMAR 2026.06.24 17:54 I attest the accuracy and authenticity of this order / judgment CWP-19450-2026 4 further submitted that adequate security would also be provided. 4. Keeping in view the abovesaid facts and circumstances, more so in view of the directions issued by the Division Bench of this Court in its order dated 11.10.2024, the present petition is disposed of with the following directions: (i) The concerned Deputy Commissioner/convener is directed to ensure that there is proper uninterrupted videography and CCTV monitoring of the proceedings in which the election for the post of President and Vice Presidents of the Municipal Council, Banur is to be held. The said videography would be preserved for a period of six months from the date of the meeting and the said period of six months would be further liable to be extended by a competent Court of jurisdiction either hearing the election petition or any other such ancillary matter on a request made by any of the parties. (ii) The concerned Senior Superintendent of Police is also directed to provide adequate security for the conduct of free & fair elections. (VIKAS BAHL) JUDGE (RAMESH KUMARI) JUDGE June 24, 2026. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.06.24 17:54 I attest the accuracy and authenticity of this order / judgment