In a significant ruling, the Punjab and Haryana High Court has mandated the Punjab Election Commission and the state government to commence the electoral process in various municipalities and municipal corporations across Punjab. This directive includes major cities like Amritsar, Phagwara, Patiala, Jalandhar, and Ludhiana, where elections have been long overdue.
The decision came in response to two petitions highlighting the delay in conducting elections in 42 municipal councils and five municipal corporations. Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued a writ of mandamus, ordering the state to adhere to constitutional obligations and initiate the election process within 15 days, bypassing the need for a fresh delimitation exercise.
During the proceedings, Punjab Advocate General Gurminder Singh presented the complexities involved in delimitation, explaining that it necessitates door-to-door surveys, the drafting of rough maps, and the final delineation of wards. Although delimitation boards have been established for most municipalities, three still await completion.
The court dismissed the need for an extended delimitation period, which the Advocate General suggested would take up to 16 weeks. Instead, the justices pointed to the constitutional requirement under Article 243U(3)(b), which stipulates that elections should occur within six months of a municipality’s dissolution or before the expiration of its five-year term.
This ruling underscores the urgency of restoring democratic processes in Punjab’s local governance, particularly in light of previous assurances from the state government. At a prior hearing, the Punjab AG had committed to taking positive steps towards scheduling the elections, a promise that the court noted but decided needed immediate action rather than prolonged deliberation.
