Punjab-Haryana High Court
Krishan Kumar Sharma And Others vs State Of Punjab And Others on 24 May, 2012
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 9601 of 2012
Date of Decision: May 24, 2012
Krishan Kumar Sharma and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. M.L. Saggar, Senior Advocate, with Mr. B.S. Dhaliwal, Advocate, for the petitioners.
Ms. Sudeepti Sharma, DAG, Punjab, for the respondents.
1. To be referred to the Reporters or not?
2. Whether the Judgment should be reported in the Digest M.M. KUMAR, Acg. CJ.
1. The instant petition filed under public interest under Article 226 of the Constitution seeks directions to the respondents for the smooth and peaceful conduct of general elections of Municipal Corporations/Municipal Councils/Nagar Panchayats and bye-election of certain wards of various Urban Local Bodies on 8.6.2012 and 10.6.2012. According to the prayer made by the petitioners, the following directions have been sought:
• Deployment of Central Police Forces in the polling booths of each ward during voting;
• Deployment of officials of the Central Government as polling staff to conduct the polling at each booth; CWP No. 9601 of 2012 (O&M) 2 • The candidates be permitted to conduct videography in the area of the polling booth at their own cost on the day of polling;
• To appoint independent observers to oversee the polling; and • To provide adequate security to the candidates till the declaration of result.
2. Without specifically adverting to various instances cited by the petitioners, which allegedly occurred in the past elections, it would be suffice to notice that the petitioners are apprehending that for the smooth and peaceful conduct of the elections of Municipal Corporations/Municipal Councils/Nagar Panchayats and bye-election of certain wards of various Urban Local Bodies in the State of Punjab, which are scheduled to be held on 7th or 8th June, 2012 and 10th June, 2012, adequate and elaborate directions are required to be issued by this Court. It is submitted that on 20.4.2012, the State Government has issued a notification for conducting the elections of four Municipal Corporations in the State viz. Amritsar, Jalandhar, Ludhiana and Patiala. On 16.5.2012, the Punjab State Election Commission has issued the election schedule for the polling on 8.6.2012 and 10.6.2012.
3. In response to the notice of motion issued by this Court, a counter in the form of affidavit of Shri M.L. Sharma, Secretary, State Election Commission, Punjab, on behalf of respondent No. 2 has been filed. In para 4 it has been pointed out that to monitor the steps to be taken for holding of the aforementioned elections, a meeting was held on 17.5.2012 under the Chairmanship of the CWP No. 9601 of 2012 (O&M) 3 State Election Commissioner, Punjab, which was attended by all Additional Deputy Commissioner (Dev.)-cum-Additional District Electoral Officers in the State of Punjab and discussions were made on various points (R-2/1). During the course of discussion, the issue for videography at the time of polling was raised but it was felt that it may not be possible to arrange the required number of video cameras on the particular date. It has been further stated that in view of the directions issued by a Division Bench of this Court in the case of Inderjit Singh v. Union of India and others (CWP No. No. 17332 of 2011, decided on 16.9.2011, Annexure P-
P-10) the petitioners may apply to the Deputy Commissioner-cum-District Electoral Officer for permission of videography at their own cost.
4. It has been further asserted that for maintenance of law and order during elections, the State Election Commission vide letter dated 17.5.2012 (R-2/3) has asked the Principal Secretary to Government Punjab, Department of Home Affairs and Justice, and the Director General of Police, Punjab to make adequate security arrangements in the area of respective Municipal Corporations during the period of poll hours from 8.00 a.m. to 4.00 p.m. On the request made by the State Election Commission, Punjab, vide letter dated 7.5.2012, the State of Punjab has already sent a list of 12 IAS Officers of Super Time Scale with their place of posting and Mobile numbers, for their appointment as observers for the conduct of elections.
5. We have heard learned counsel for the parties at length and perused the paper book with their able assistance. It is appropriate to notice that a bunch of petitions seeking similar relief, namely, CWP Nos. 17332, 17369 and 17379 of 2011, were filed CWP No. 9601 of 2012 (O&M) 4 before this Court when the elections to the Shiromani Gurdwara Prabandhak Committee were held on 18.9.2011. The Division Bench after making some observations in the judgment dated 16.9.2011 rendered in the case of Inderjit Singh (supra) proceeded to issue directions which are as under:-
" ......Free and fair election to any democratic organization or institution is hallmark of democratic polity. Thus to ensure free and fair elections and for maintaining law and order, certain directions at this stage are necessary. Keeping in view the above objectives, we dispose of these writ petitions with following directions:-
The Chief Secretary, State of Punjab, Director General of Police, Punjab and the Chief Commissioner, Gurdwara Elections are directed to ensure that election is conducted in a free and fair manner, without intimidation of the voters etc. It is further directed that adequate police force be deputed at all the polling booths, particularly the sensitive polling stations for maintaining law and order with the sole objective of holding free and fair elections. (emphasis added) Some of the petitioners have asked for personal security. The concerned Superintendent of Police will assess the threat perception and if it is found necessary, the concerned Superintendent of Police will provide security to the petitioner(s) during the period of election. Petitioners are at liberty to arrange videography outside the polling station at their own CWP No. 9601 of 2012 (O&M) 5 costs and if they express such a desire, they be not prevented from doing so. It is, however, made clear that videography shall not be conducted inside the polling booths to maintain secrecy of the polling."
6. A perusal of the aforesaid para would reveal that directions have been issued to various authorities. Accordingly, we deem it appropriate that the ends of justice would met if the present petition is also disposed of by issuing similar directions which are as follows:
(i) The Chief Secretary, Punjab, Director General of Police, Punjab, State Election Commissioner, Punjab and the Chief Election Commissioner, Punjab are directed to ensure that election is conducted in a free and fair manner, without intimidation of the voters etc.;
(ii) The incidences of booth capturing if occur anywhere the same shall be immediately reported to officers of the State Election Commission, Punjab and Chief Election Commissioner, Punjab;
(iii) It is further directed that adequate police force be deputed at all the polling booths, particularly the sensitive polling stations for maintaining law and order with the sole objective of holding free and fair elections;
(iv) If any person(s) asks for personal security then the concerned Superintendent of Police will assess the threat perception and if it is found necessary, the concerned Superintendent of Police will provide CWP No. 9601 of 2012 (O&M) 6 security to such person(s) during the period of election; and
(v) The petitioners or any other person are at liberty to arrange videography outside the polling station at their own costs and if they express such a desire, they be not prevented from doing so. It is, however, made clear that videography shall not be conducted inside the polling booths to maintain secrecy of the polling.
7. In view of above, the instant petition is disposed of in view of the averments made in the affidavit and aforesaid directions.
(M.M. KUMAR) ACTING CHIEF JUSTICE (ALOK SINGH) SINGH) May 24, 24, 2012 2012 JUDGE JUDGE PKapoor