IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Daljit Singh Cheema … Petitioner Versus State of Punjab & others … Respondents

2. CWP-PIL-360-2025 (O&M)

Partap Singh Bajwa … Petitioner Versus State of Punjab & others … Respondents Date of decision: 4^th February, 2026 CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY Present: Mr. Saurav Bhatia, Advocate (Arguing Counsel) with Mr. Arshdeep S. Kler, Mr. Parambir Singh (Sunny), Mr. Jaspreet S. Brar, Mr. Ravinder. S. Sampla, Advocates for the petitioner in CWP-PIL-358-2025.

Mr. A.P.S. Deol, Senior Advocate (Arguing Counsel) with Mr. Himmat S. Deol and Mr. Vishal Lamba, Advocates for the petitioner in CWP-PIL-360-2025.

Mr. Maninderjit Singh Bedi, Advocate General, Punjab (Arguing Counsel) with Mr. Salil Sabhlok, Sr. DAG, Punjab, Ms. Kavita Joshi and Mr. Sangam Garg, Advocates for the State of Punjab.

Mr. Harneet Singh Oberoi, Advocate (arguing counsel) and Mr. Ketan Garg, Advocate for intervener in CWP-PIL-358-2025.

Mr. Chandeep Singh, Standing Counsel for respondent No.2 – Election Commission of India.

Mr. R.S. Randhawa, Senior Advocate (Arguing Counsel) with Mr. K.S. Riar and Ms. Mamta, Advocates for respondent No.3 – State Election Commission, Punjab.

Mr. Akashdeep Singh, Special Public Prosecutor, CBI for respondent No.6 in CWP-PIL-358-2025.

Mr. Gagandeep Singh Wasu, Spl. Public Prosecutor CBI for respondent No.6 in CWP-PIL-360-2025.

SHEEL NAGU, CHIEF JUSTICE (ORAL)

1. These are two petitions, where out of the prayers made, only following prayers survive:

CWP-PIL-358-2025 Issue a writ of mandamus directing the respondent No.6 or any independent Investigating Agency to launch immediate investigation into the conduct and the allegations raised in the present writ petition against respondent No.5 (Senior Superintendent of Police, Patiala Shri Varun Sharma, IPS) and a thorough and independent inquiry may kindly be launched into the allegations of criminal conspiracy and misuse of police machinery to subvert the electoral process.

CWP-PIL-360-2025 Issue a writ of mandamus directing the respondent No.6 or any investigating agency to initiate an investigation into the alleged misconduct of respondent No.5.

2. These two PILs have been filed essentially raising cause of undue interference by the police authorities, respondent No.5 in particular, who was deputed in Punjab as Senior Superintendent of Police, Patiala, overseeing the Zila-Parishad and Block Samiti elections in the District of Patiala (Punjab).

3. This Court, while taking cognizance of this matter, issued notice. Thereafter, this Court after hearing the audio clip produced by the petitioner in the pen-drive, in the Chamber, passed order dated 10.12.2025, where certain relevant observations were made about the conduct of State Election Commission, which for ready reference are reproduced below:

“3.1 However, this Court would like to view the entire situation from a different angle. The State Election Commission is entrusted with conduct of Panchayat elections under Article 243-K of the Constitution and, thus, is expected to be non-aligned, while discharging its duties including that of conducting and supervising and concluding the Panchayat election process. In this process, conduct of the Commission ought not to give an impression that it is favouring any person or political party. It is expected of the State Election Commission to conduct itself without partiality. The actions of the Commission ought not only to be actually impartial to all, but also appear to be impartial.

3.2 In view of above, it would have been appreciated that on receipt of a complaint from any quarter, the Commission ought to have risen to the occasion and nipped, even an apprehension of favourism or nepotism, in the bud. As such, it would have been better, if the Commission would have handed over verification of the material presented by complainants in shape of audio and video recordings to a neutral agency not under the cont