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HC gives Chandigarh 1 day to take call on mayoral polls
Dissatisfied with UT’s response of law and order apprehensions, high court observed if the poll schedule is not placed before the court on Wednesday, AAP leader’s petition will be decided on merit
The Punjab and Haryana high court on Tuesday gave the Chandigarh administration a day’s time to apprise it of the schedule for the mayoral elections that were slated to take place on January 18, but deferred after presiding officer Anil Masih reported ill that day.
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A bench of justices Sudhir Singh and Harsh Bunger sought the schedule while hearing a petition by Aam Aadmi Party (AAP) councillor Kuldeep Kumar against the administration’s decision to postpone the polls. In his plea, Kumar had demanded that polls be held within 24 hours. Besides, this plea also demands appointment of a court commissioner to oversee the polls.
As the hearing began on Tuesday morning, UT’s senior standing counsel Anil Mehta reiterated that February 6 was decided after taking into account several factors. Senior advocate Chetan Mittal, who appeared for the municipal corporation (MC), suggested that cops were busy due to the Republic Day celebrations, and a meeting of DGPs of Punjab and Haryana was to take place, following which a decision will be taken.
On the other hand, senior advocate and Punjab advocate general Gurminder Singh and Ferry Sofat, who appeared for AAP, reiterated their demands of early polls, appointment of a new presiding officer and elections under the supervision of a court commissioner in view of UT officials’ “conduct” so far.
Dissatisfied with UT’s response, the bench directed the counsels to place the poll schedule before it by 10 am on Wednesday. If the administration fails to do so, the matter will be decided on merit after hearing the arguments of both sides, the court said. The detailed order is still awaited.
‘How will police manager general elections’
The court observed that if the police could not manage an election where 35 councillors were to vote, how were they going to manage the general elections later.
Commenting on politics being played out around mayoral polls, the bench remarked that the Mahabharta war was fought for 18 day and it was aware of “Mahabharta being played” by different parties around these polls. “Elections can’t be postponed by 18 days. Seek fresh instructions (for earliest possible date),” the court told the UT counsel.
On January 18, AAP had moved the high court, hours after the high-stakes mayoral elections were deferred till February 6. The announcement of deferment due to the presiding officer and BJP leader Masih’s poor health was announced at 10.30 am, just as the AAP and Congress councillors were assembling to vote at the MC office in Sector 17.
The Congress and the AAP, which have joined hands for the mayoral polls, have accused the BJP of not allowing the elections, fearing “imminent defeat”. The BJP has dismissed the allegation.
Following a protest and the Opposition’s plea in the high court, Chandigarh deputy commissioner Vinay Pratap Singh issued fresh orders and announced the next date of elections as February 6. Masih was again nominated as the presiding officer.
In the 35-member MC House, the AAP and the Congress together have 20 votes, while the BJP, which has been ruling MC for eight years now, has 15 votes —14 of councillors and one of MP Kirron Kher. The magic number is 19.
DGP sought poll deferral by two weeks
The Chandigarh DGP had sought to defer the mayoral polls by two weeks in a report submitted on January 18, an affidavit filed by deputy commissioner Vinay Pratap Singh before the high court has revealed.
In a January 18 letter to the DC, other UT officials and ministry of home affairs, the DGP had said, “...in order to conduct peaceful elections, sufficient force, including CAPF, may be provided and CCTVs may be installed around the premises of MC, Chandigarh, and on approach roads. At least two weeks may be given to prepare adequately and to create conducive atmosphere for peaceful conduct of elections.”
The letter referred to the January 16 incident, when alleged clashes were reported inside the MC office, when AAP-Congress councillors had turned up with 50-60 odd Punjab Police commandoes. The report also referred to protests reported after polls were deferred on January 18 morning.
The report said, “As per available inputs the situation is likely to continue in view of resentment in the ranks of various political parties over postponement of elections. There is every likelihood that as and when the elections are going to be held, a large number of supporters from all major political parties may gather at the MC office, which may create law and order situation, and possibility of clashes among their supporters can’t be ruled out,” the letter read.
In his affidavit, the DC said the decision to defer the polls till February 6 was taken in accordance with the provisions of the Punjab MC Act while keeping in view the DGP’s report and other law and order circumstances.
The affidavit also mentioned deployment of police force for Republic Day celebrations and Ram Temple consecration ceremony at Ayodhya on January 22 as other reasons to defer the polls by 18 days.
