India News | Punjab Civic Body Polls Row: SC Asks Ex-HC Judge Nirmaljit Kaur to Examine Grievances
Get latest articles and stories on India at LatestLY. The Supreme Court has appointed former Punjab and Haryana High Court judge Nirmaljit Kaur to examine the grievances of the candidates who were denied the opportunity to contest the 2024 civic body polls.
New Delhi, Mar 28 (PTI) The Supreme Court has appointed former Punjab and Haryana High Court judge Nirmaljit Kaur to examine the grievances of the candidates who were denied the opportunity to contest the 2024 civic body polls.
A bench of Justices Surya Kant and N Kotiswar Singh said, "It goes without saying that the appointment of the fact-finding commission will not be a precedent. We appoint Justice Nirmaljit Kaur, former Judge of the Punjab and Haryana High Court to perform the above illustrated task, preferably on day-to-day basis and submit a report at the earliest."
The bench clarified it didn't express any opinion on the merits of the issues.
"Both sides have fairly agreed to deviate from the settled prescribed procedure so that a fact-finding commission can be constituted limited to the sub-judice constituencies. Liberty to submit claims shall be limited to those who have either approached the high court or this court by way of special leave petitions/intervenor applications," it said.
The top court passed a detailed order on pleas challenging the high court's orders related to the civic body elections held last year.
"Since this batch of matters involves various disputed questions of fact that cannot be determined either by the high court or this court in the exercise of their respective writ jurisdictions; and since the issues are necessarily causing uncertainty over the smooth functioning of the elected municipal bodies, we have impressed upon the parties and they have fairly consented for the appointment of a former judge of the high court to conduct the fact finding enquiry, where the parties can submit their respective claims/counterclaims," the March 24 order said.
The top court said the former judge should be paid an honorarium of Rs 5 lakh per month by Punjab government aside from an official vehicle and full secretarial assistance as per the requirement.
Similarly, the bench said, the former judge should be entitled to engage a retired judicial officer of her choice and one private secretary to assist in day-to-day functioning.
"The Punjab government shall provide a suitable office space in a government building in Chandigarh of SAS Nagar, Mohali to convene the proceedings," it said and posted the matter on May 22.
The bench said the petitioners were members of different national political parties, who alleged members of the ruling party, police officials, and unknown third parties prevented them from submitting their nomination forms for the civic body elections.
They also alleged being subjected to physical assault, tearing of clothes, and snatching of their nomination papers.
Despite the high court's directions to record the entire nomination process through audio-visual means, the petitioners claimed, it was not done.
Elections for the post of mayor, senior deputy mayor, and deputy mayor were being conducted by an incomplete quorum as the elections for certain wards was deferred and were still pending, they alleged.
The high court had passed three orders dated December 13, January 10 and January 16, respectively, related to the civic body polls.
The top court observed the key disputes arose from the process of conducting elections for the posts of councillors or members of the municipal corporations, municipal councils, and nagar panchayats in Punjab.
In its December 13 2024 order, the high court disposed of the matter while directing the authority concerned to treat their plea as a representation and decide it on the same day.
The high court on January 10 dismissed the writ petition, holding the elections to the posts of mayor, senior deputy mayor, and deputy mayor could not be restrained despite the fact that the elections to various wards were pending.
The petitioners in the apex court also challenged the January 16 of the high court which allowed the pleas of certain petitioners to take oath of office as they were elected unopposed.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)