In CWP-5631-2022-PUNJ HC-P&H HC upholds results of February 2021 election of Mohali Municipal Corporation pertaining to all 50 Wards
Justices Ritu Bahri & Nidhi Gupta [16-11-2022]

Read Order: Satish Kumar Saini v. State of Punjab and Others

Monika Rahar

Chandigarh, November 29, 2022: The High Court of Punjab and Haryana has dismissed a petition challenging election results declared on February 18,2021 alongwith respective polls for electing Municipal Councillors to all 50 Wards of Municipal Corporation, Mohali.

The Bench of Justices Ritu Bahri and Nidhi Gupta reiterated that a High Court cannot entertain a writ petition calling into question an “election” and only the Election Tribunal can adjudicate the election matters by way of the election petition, however, the power under Article 226 of the Constitution of India can be exercised where the exercise of the said power subserves the progress of the election, facilitates its completion and is exercised to further the election process. 

The petitioner was challenging the results of the elections declared in February 2021 by the respondents along with respective polls held for electing Municipal Councillors to all 50 Wards of Municipal Corporation, Mohali. The petition also sought direction to Punjab State Election Commission (Second Respondent) to hold fresh elections with mandatory usage of the VVPAT system with EVMs and under strict compliance with statutory rules and provisions mandated under the Punjab Municipal Election Commission Act, 1994. The petition also prayed for staying the operation of final results declared by the Punjab State Election Commission. 

The short question for consideration in the present petition was what remedy the petitioner (a voter) had to challenge the above-said elections.

At the very outset, the Court made reference to a 5-Judge Bench decision of the High Court in the case of Prithvi Raj v. State Election Commission, Punjab and Others wherein it was held that a High Court cannot entertain a writ petition calling into question an “election” and it is only the Election Tribunal can adjudicate the election matters by way of the election petition. The power of a High Court under Article 226 of the Constitution of India would, however, be available, where the exercise of the said power subserves the progress of the election, facilitates its completion and is exercised to further the election process. 

Further reference was made to the case of Baldev Raj v. State of Punjab and Others, wherein it was held that under Article 243 ZG, there is a bar to interference by Courts in electoral matters and further the individual rights cannot have precedence over the larger public interest of holding elections. The elections have to be challenged before the State Election Commission which is the sole agency to examine the election process. 

The present petition was thus dismissed.