CWP No.19393 of 2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 CWP No.19393 of 2026 Date of decision: June 25th, 2026 Kulwinder Singh and others .....Petitioners Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. Munish Jolly, Advocate for the petitioners. Mr. Jastej Singh, Additional Advocate General, Punjab. VIKAS BAHL, J. (ORAL) 1. The present writ petition has been filed with the following prayers: “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 official respondents to conduct the Election to the office of the President and Vice-President of Municipal Council. Fatehgarh Churian in free and fair manner, after serving the notice to each of the member as per law within 7 days; And/Or Issue a further writ in the nature of Mandamus directing the respondents to ensure that the petitioners and all other members belonging to their party as mentioned in chart in para 7 below are allowed to enter the venue and participate in the election process to elect the President PUNEET SACHDEVA 2026.06.25 16:40 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19393 of 2026 2 and Vice-President of the Municipal Council and to conduct the complete videography of the election proceedings inside the venue as well as outside the venue of the election to ensure a free and transparent election without use of force; And/Or Issue a direction to the Deputy Commissioner Gurdaspur to conduct the election in his own presence in his office instead of appointing a convener for the said election; And/Or Issue any other writ, order or direction as this Hon'ble court may deem fit in the facts and circumstances of the present writ petition;” 2. Learned counsel for the petitioners has submitted that although the petitioners were elected on 29.05.2026 yet the meeting for the purpose of election to the post of President and Vice President of Municipal Council Fatehgarh Churian has not been conducted till date. It is submitted that it is the mandate of law that the said meeting should be conducted within a period of 14 days of the publication of the notification of the election of the members of the newly constituted muncipality. It is further submitted that the entire process be videographed and the said uninterrupted videography be preserved. In support of his arguments, learned counsel for the petitioners has relied 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: PUNEET SACHDEVA 2026.06.25 16:40 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19393 of 2026 3 “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 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 PUNEET SACHDEVA 2026.06.25 16:40 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19393 of 2026 4 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, proper videography of the proceedings would be done of the inside and outside of the premises where the election for the posts of President and Vice President of the Municipal Council is to take place. It is further submitted that adequate security would also be provided. Learned State counsel has further submitted that since the publication of the notification has been done on 24.06.2026, thus, the meeting for electing the President and Vice President of Municipal Council, Fatehgarh Churian, would be held within a period of 13 days from today. 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 President of the Municipal PUNEET SACHDEVA 2026.06.25 16:40 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19393 of 2026 5 Council, Fatehgarh Churian 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 respondents would also hold the election of the post of President and Vice-President of the Municipal Council, Fatehgarh Churian, within a period of 13 days from today. (iii) The concerned Senior Superintendent of Police is also directed to provide adequate security for the conduct of free and fair elections. (VIKAS BAHL) JUDGE June 25th, 2026 (RAMESH KUMARI) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.06.25 16:40 I attest to the accuracy and authenticity of this document Chandigarh