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2026 Supreme(Online)(P&H) 77123

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, Deepak Manchanda, JJ
Anita Rani – Appellant
Versus
State Of Punjab – Respondent
CWP-16165-2026



Advocates:
For the Appellants/Petitioners: Shiv K. Sharma
For the Respondents: Jastej Singh

The High Court affirmed that comprehensive surveillance and security measures previously ordered for municipal elections apply universally. It further mandated that election authorities must strictly exercise their statutory jurisdiction when considering nomination representations, warning that misuse of this authority to circumvent finality in the election process will lead to disciplinary action.

Headnote:(A) Punjab State Election Commission Act, 1994 - Municipal Council Elections - Conduct of free and fair elections - Videography and CCTV surveillance - Directions regarding installation of CCTV cameras in polling stations, counting centres, and storage rooms - Preservation of recording - Responsibility of Returning Officer - Accountability for functioning of surveillance systems.

(B) Election Petition - Scope - Representations against rejection or acceptance of nomination papers - Prohibition on misuse of judicial mandate - Authorities' duty to act within jurisdiction - Liberty granted to decide representations shall not be used to bypass legal norms governing nomination finality - Consequences for unauthorized actions.

Facts of the case:
Petitioner sought videography and security measures for specific polling booths to ensure free and fair elections for the Municipal Council. The State submitted that comprehensive directions for CCTV installation, observers, and security had already been issued in related petitions concerning the same election cycle.

Findings of Court:
Court observed that directions issued in previously decided connected matters covering polling surveillance, counting centre security, and observer appointments remain binding and applicable to all municipal elections. The Court issued a strict warning against the misuse of judicial orders concerning the resolution of nomination paper representations, emphasizing that officers acting without jurisdiction face disciplinary scrutiny.

Issues: Whether additional specific directions were required for conducting free and fair elections and whether the existing liberty to decide candidate representations was being misused by election authorities.

Ratio Decidendi: Prior judicial directives covering surveillance and security for upcoming municipal elections satisfy the current requirements. Administrative authorities must strictly adhere to their jurisdiction under the relevant Election Act when disposing of representations; any misuse of judicial liberty for ulterior purposes will trigger disciplinary consequences. Result : Petition disposed of (Directions issued to State authorities).

Table of Content
1. petitioner seeks transparency measures (videography/observers/security) for municipal elections, while state confirms existing protocols. (Para 1 , 2 , 3 , 4 , 5)
2. court reiterates binding effect of previous orders (amandeep singh nagi) on election surveillance. (Para 6 , 7 , 8)
3. warning against misuse of judicial authority regarding representation disposal for nomination disputes. (Para 9 , 10 , 11)

HARSIMRAN SINGH SETHI J. (ORAL)

CM-9120-CWP-2026

Present application has been filed for modification/clarification of the order dated 21.05.2026 passed in CWP No.16137 of 2026 and other connected cases and for restoration of the main writ petition i.e. CWP No.16165 of 2026 by which, the writ petition was disposed of.

Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed and the main writ petition i.e. CWP No.16165 of 2026 is restored to its original number and status.

CWP-16165-2026

1. In the present petition, the prayer of the petitioner is that the respondents be directed to ensure videography of the entire polling station, surroundings, approach area, queue area, entry and exit points and other permissible areas of Booth Nos. 30 and 31 for conduct of free, fair, transparent, peaceful and fearless Elections of the Municipal Council, Ward No.13, Jagraon, District Ludhiana.

2. Learned counsel for the petitioner submits that an ‘Observer’ of the rank of IAS Officer, Senior PCS Officer, or Senior Police Officer, as the case may be, should be appointed to observe the conduct of polling, which Observers should submit a report to the Punjab State Election Commission regarding the conduct of free and fair elections and whether there was any misconduct in conduct of such election.

3. Learned counsel for the petitioner further submits that adequate security be provided to the candidates contesting the elections so that no untoward incident occurs.

4. Notice of motion.

5. Mr. Jastej Singh, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents-State and submits that the same issue had already come before this Court and the State had already given the statement with regard to such grievances raised therein and while passing order in CWP-16135-2026, titled as Amandeep Singh Nagi Versus State of Punjab and others , decided on 21.05.2026, appropriate directions with regard to installation of CCTV cameras, appointment of ‘Observer’ and with regard to threat perceptions, have already been given and such directions given while passing order in Amandeep Singh Nagi’s case (supra) will also be adhered to qua all the municipal councils, qua which elections are scheduled to be held on 26.05.2026 or in case of some Municipal Councils the first week of June, 2026 and therefore, no fresh directions need to be given.

6. We have heard the learned counsel for the parties and have gone through the record with their able assistance.

7. It may be noticed that the question of law raised in the present petition, was also raised in Amandeep Singh Nagi’s case (supra), the order passed in that petition on 21.05.2026 is as under:-

“1. By this common order, all the aforementioned petitions, the details of which have been given in the heading, are being disposed of as, all the petitions involve the same question of law on similar facts.

2. In the present petitions, the prayer of the petitioners is that in order to conduct free and fair elections to the respective Municipal Councils/ Nagar Panchayats, which are scheduled to be held on 26.05.2026, the official respondents including Punjab State Election Commission and the officers working for the Commission during the election process, be directed to bring into operation certain requirements, including the installation of CCTV cameras inside and outside the polling booths, as well as at the places where counting of votes is conducted, as well as the storage rooms where the votes so casted in the e

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