Order

ANOOP KUMAR DHAND, J.

1. 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.

2. 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.

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

“In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

(i) issue an appropriate writ, order or direction, in the nature thereof, the respondents may be directed not to postpone the election of the Chairman, Nagar Palika, Kekri, District Ajmer, which is scheduled to be held on 21.9.2026 at 10 am and further direct the respondents not to disqualify the petitioner from contesting the election of Chairman, Nagar Palika, Kekri, District Ajmer on the basis of alleged complaint (Annexure-7) or any other reason and to conduct the election in an fair and impartial manner and respondents may be further ensure to provide security to all the voters (40) who will cast their vote in the upcoming election of Chairman, Nagar Palika, Kekri, District Ajmer.

(ii) issue an appropriate writ, order or direction, in the nature thereof, the respondents may be directed not to take any coercive action against the petitioner including his arrest and detention and protect his life and liberty;

(iii) pass any other order/orders, direction/directions, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice;

(iv) award costs of the present writ petition in favour of the petitioner and against the respondents.”

4. By way of filing the instant writ petition, multiple prayers have been made i.e. to issue direction to the respondents not to postpone the election process scheduled today i.e. 21.09.2026 at 10:00 AM on the post of Chairman, Municipal Board, Kekri, District Ajmer (for short ‘the Board’); not to disqualify the petitioner from contesting the above election of Chairman of the Board, scheduled today; and not to take any coercive action against him by way of arrest depriving him from participating in today’s election process.

5. Mr. R.P. Singh, Senior Counsel appearing for the petitioner submits that the petitioner has been elected as Member of the Board and has been declared as a Qualified Member of the Board by the Returning Officer. Learned Senior Counsel further submits that today the election for the post of Chairman of the Board is scheduled to be held at 10:00 AM and the petitioner is one of the candidates for contesting the election on the post of Chairman. He further submits that in the midnight of 20.09.2026 and 21.09.2026, a complaint was filed by one of the Ward Members i.e. Rajendra Kumar Choudhary to the District Election Officer, Ajmer, alleging therein that the petitioner is offering certain gratification to the Members of the Board for casting their votes in his favour. Ld. Senior Counsel further s