Decide on earliest possible date for holding mayoral poll: HC to Chandigarh administration

PTI, Jan 23, 2024, 3:24 PM IST

Punjab and Haryana High Court on Tuesday asked the Chandigarh administration to come up with the earliest possible date for holding the mayoral poll.

A division bench of Justice Sudhir Singh and Justice Harsh Bunger issued the direction while hearing a petition challenging an order of the Chandigarh deputy commissioner, who is the authority for holding the mayoral poll, postponing the election from January 18 to February 6.

The bench also took on record the replies filed by the Union Territory administration and the Chandigarh Municipal Corporation and adjourned the matter to Wednesday.

The court was hearing a petition filed by Kuldeep Kumar, an AAP councillor, who challenged the administration’s order to postpone the poll.

The mayoral poll, slated to be held on January 18, were deferred to February 6 after Anil Masih — the presiding officer — fell sick, triggering protests from the Congress and AAP councillors.

The Congress and the AAP, which have joined hands for the mayoral poll, slammed the BJP, accusing it of not allowing the election, fearing ”imminent defeat”.

Senior advocate Gurminder Singh, who is representing the petitioner, told reporters after the hearing that the court asked the administration’s counsel to get instructions on the earliest date on which the election can be held or the matter will be decided on merit after hearing the arguments of both sides.

The court observed it is better that the election are held as early as possible, he said.

The petitioner’s counsel submitted that the delay in the mayoral poll could result in irregularities and, therefore, the election should be held as early as possible.

Senior advocate Chetan Mittal, representing the Chandigarh Municipal Corporation, said they submitted that it was not possible to hold the poll before January 26 and that has been mentioned in the reply submitted before the court.

During the previous hearing on Saturday, the court orally observed that February 6, decided by the Chandigarh administration as the date for holding the poll, was too far away.

The Chandigarh administration’s counsel mentioned during Saturday’s hearing that the polls were deferred keeping in mind the law-and-order issue.

The administration’s counsel had then apprised the court about the programmes taking place in the city ahead of the consecration ceremony at the Ram temple in Ayodhya on January 22.

Thereafter, police would be busy making arrangements for the Republic Day celebrations, it was submitted.

The administration also pointed to AAP councillors allegedly turning up at the municipal corporation office with Punjab Police commandos on January 16.

Petitioner Kumar, who was the candidate for the mayor’s post, in his petition filed on January 19, had sought that the January 18 order of the deputy commissioner, fixing February 6 as the date for holding the polls, be set aside and the election conducted forthwith.

The Chandigarh administration’s counsel earlier informed the high court that February 6 was chosen to hold the mayoral polls after assessing the law-and-order situation.

The petitioner also sought quashing of the municipal corporation authorities’ order restricting the entry of councillors to the premises.

Kumar demanded holding the mayoral polls in a free and fair manner.