Order

ANOOP KUMAR DHAND, J.

1. The matter comes up on an application (I/A No.1/2026) seeking waiver of defects as pointed out by the Registry.

2. For the reasons stated therein, the said application stands allowed. Accordingly, the defects pointed out by the Registry stand waived.

3. Today, it is holiday on account of Baba Ramdev Jayanti and looking to the urgency shown by the petitioner, the instant writ petition has been listed today before this Court by the orders passed by the Hon'ble Chief Justice. The Courts are not prevented from functioning even on holidays when it comes to protecting the rights of citizens, as the doors of the temple of justice never remain closed.

4. It is a well-settled principle of law that the Courts are empowered and indeed duty-bound to function even on holidays, including Sundays and public holidays, where the exigency so demands, particularly for the protection and preservation of the fundamental and legal rights of the citizens. The administration of justice cannot be fettered by the concept of holidays, for the cause of justice brooks no delay when the liberty, life and rights of a citizen are at stake. It is often said that the doors of the temple of justice are never closed and remain open for all, at all times. The Courts being the sentinel on the qui vive for the protection of the rights of the citizens, cannot shut its eyes or close its doors when a citizen approaches it for redressal of his grievance, even on a holiday.

5. The instant writ petition has been submitted by the petitioner with the following prayer:-

“It is, therefore, most humbly prayed that this writ petition may kindly be allowed and an appropriate writ, order or direction may kindly be issued:

(i) Directing Respondent Nos. 1, 4, 6 and 7 to provide adequate police protection to the petitioner and to the elected Councillors of Nagar Parishad, Tijara, including safe passage to and from the venue of the meeting, so that they may attend the meeting for the election of the Chairperson and discharge their duties without fear;

(ii) commanding Respondent No. 3, in exercise of its powers under Article 243ZA of the Constitution of India, to ensure that the election to the office of Chairperson, Nagar Parishad, Tijara is held in a free and fair manner and that every elected Councillor is able to cast his or her vote, and for that purpose to postpone the election until the Councillors named in Paragraph no.5 are set at liberty;

(iii) commanding Respondent No. 7 to register a First Information Report upon the complaint dated 21.09.2026 and to proceed in accordance with law; (iv) directing Respondent No. 3 to depute an independent Observer for the election and to have the entire proceedings of the meeting videographed, the record being preserved and produced before this Hon'ble Court;

(v) calling for the record of the respondents relating to the election and to the complaint dated 21.09.2026;

(vi) granting any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, with costs.”

6. By way of filing the instant writ petition, a prayer has been made to issue a direction to the respondents to provide police protection to the petitioner so also the elected Councilors of the Municipal Council, Tijara (for short ‘the Council’) and to provide them a safe passage for proper participation in the election process scheduled to be held today for the post of Chairperson of the Council. A further prayer has been made for issuing direction to the respondents to ensure that the elections of Chairperson of the Council are conducted in free and fair manner and for the said purpose the election process of the Council be postponed.

7. Learned counsel for the petitioner submits that the election for the post of Chairperson of the Council is supposed to be conducted today and certain elected Members of the Council, who are supporters of the petitioner, have been illegally detained by the Police, on the instructions, of th