In a significant judicial intervention, the Supreme Court has established a fact-finding commission to delve into reported procedural lapses, norm violations, and incidents of violence during the municipal elections held in Patiala last December. The bench, comprising Justices Surya Kant and NK Singh, has appointed Justice (retd) Nirmaljeet Kaur, a former judge of the Punjab and Haryana High Court, to head the inquiry.
The commission is tasked with conducting investigations on a day-to-day basis and is expected to report back to the Supreme Court promptly. The allegations under scrutiny involve serious accusations against members of the ruling party, police officials, and unidentified third parties who reportedly obstructed opposition candidates from submitting their nomination forms. According to the petitions, these obstructions escalated to physical assaults and other violent acts, including tearing of clothes and snatching of nomination papers.
Furthermore, the petitions highlighted a failure to adhere to the high court’s directives to record the entire nomination process, adding to the gravity of the claims. During the Supreme Court hearing, both the petitioners, represented by lawyer HS Oberoi, and the state government’s counsel, Ferry Sofat, consented to the formation of the fact-finding committee by a retired judge.
In its ruling, the Supreme Court emphasized that the inquiry would focus exclusively on cases where parties had previously sought redress from either the high court or the Supreme Court, clarifying that this appointment should not set a precedent. The court described the need for the commission due to “various disputed questions of fact that cannot be determined… in the exercise of their respective writ jurisdictions” and the consequential uncertainty affecting the functioning of the elected municipal bodies.
Justice Nirmaljeet Kaur will receive an honorarium of ₹5 lakh per month for her role, along with an official vehicle and secretarial assistance. She is also entitled to select a retired judicial officer and one private secretary to aid her daily operations. The state has been directed to provide suitable office space in Chandigarh or Mohali for the commission’s proceedings.
The matter is set to be revisited by the Supreme Court on May 22, as the commission progresses in its critical examination of the election processes in Patiala and potentially similar issues in the municipal committee elections in Dharamkot, Moga.
