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Phagwara mayoral poll: HC appoints ex-judge as observer
The division bench of the court passed the order after hearing the petition filed by Congress councillor Bikram Singh, who had claimed that the order passed by the high court regarding the January 25 elections was not complied with by the authorities.
The Punjab and Haryana high court on Wednesday appointed a former high court judge, justice Harbans Lal, as an independent observer for the Phagwara mayoral polls to be held on February 1.
The division bench of the court passed the order after hearing the petition filed by Congress councillor Bikram Singh, who had claimed that the order passed by the high court regarding the January 25 elections was not complied with by the authorities.
The polls were to be held on January 25 and the high court had also given directions for the same. However, it got postponed after a ruckus during the first meeting of the newly elected councillors. On that day, the newly elected councillors were administered the oath of office, but the ruckus erupted after divisional commissioner Arun Sekhri named AAP councillor from ward 16, Vicky Krishan Sood, as the pro-tem speaker to preside over the elections of the mayor, senior deputy mayor and deputy mayor.
“It is an unfortunate situation, where despite clear and categorical directions of this court, the respondent authorities instead of complying with the directions of this court, has given rise to the instant second round of litigation,” the court lamented.
However, after petitioners as well as the government counsels agreed for appointment of an independent observer, the court disposed of the plea and ordered that the polls be held on February 1 as notified by the authorities and appointed justice Harbans Lal (retd) as an independent observer.
During the hearing, the high court reprimanded the officials of the Phagwara municipal corporation and the Kapurthala district administration for deferring the elections despite the court’s order to complete the election process by January 25.
The respondents, including Navneet Kaur Bal, Phagwara MC commissioner, who was present in the court, informed the bench that the election could not take place due to ruckus in the House.
“When this court had specifically directed the respondent-authorities to do the needful, such an excuse is not acceptable. Even if it is taken that there was a ruckus, then also the respondent-state was possessed of sufficient men and machinery to conduct the election and the stand taken by them is nothing, but an attempt to wriggle out of their duties and responsibilities. The conduct of the respondent-authorities is contemptuous in nature,” the court observed.
Now for the February 1 polls, the court has ordered videography of the election process. The Kapurthala SSP has been directed to provide adequate security at the place of meeting to avoid any sort of ruckus. The members coming forward to participate and vote in the said meeting shall be provided adequate security so that no untoward incident takes place in the meeting, it ordered.
To secure the posts of the mayor, senior deputy mayor and deputy mayor, a party needs at least 26 votes in the 50-member House, where the Phagwara MLA also has a vote as the ex-officio member, effectively taking the number of voting members to 51. Presently, the Congress has the support of 26 councillors, including three of BSP, four independent and one of MLA. The AAP is still short of 10 councillors.
