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2026 Supreme(Online)(P&H) 77157

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, Deepak Manchanda, JJ
Dimple Gupta – Appellant
Versus
State Of Punjab – Respondent
CWP No.16878 of 2026



Advocates:
For the Appellants/Petitioners: Arjun Kapoor
For the Respondents: Jastej Singh

The court ruled that comprehensive security and transparency protocols (CCTV surveillance, Observers, and candidate protection) mandated in previous election-related petitions apply uniformly to all ongoing municipal elections, and cautioned officials against misapplying judicial directions on grievance redressal to interfere with finalized nomination procedures.

Headnote:(A) Punjab State Election Commission Act, 1994 - Municipal Council/Nagar Panchayat Elections - Installation of CCTV cameras - Observers - Security to candidates - Petitioners sought directions for free and fair elections, including CCTV surveillance, appointment of Observers, and security to candidates - Court relied upon previous coordinated orders in similar petitions (Amandeep Singh Nagi; Gurpartap Singh; Yadwinder Kumar Singh Sharma; Rashmi Rani and Ranjit Singh Karir) that mandate universal application of surveillance measures across all upcoming municipal elections in the State.

Facts of the case:
Petitioners requested the Court to direct electoral authorities to ensure transparency in the upcoming municipal elections in Block Samana and Block Patran by implementing CCTV surveillance, appointing independent Observers, and providing security to candidates.

Findings of Court:
The State has already committed to comprehensive election security measures, including CCTV monitoring inside and outside polling booths and counting centers, preserving footage for one year, and appointing qualified Observers. The Court warned officials against misusing judicial directions on representation disposal to interfere with finalized nomination papers, noting that disciplinary action would follow for jurisdictional excess.

Issues: Whether additional specific directions are required for free and fair conduct of municipal elections, and how to prevent the misuse of court-ordered representation disposal processes.

Ratio Decidendi: Where comprehensive security protocols, CCTV coverage, and monitoring mechanisms have already been established by the Court in previous connected petitions to ensure free and fair elections, such directions are deemed applicable to all upcoming municipal elections in the State without necessitating fresh orders in every individual petition. Furthermore, administrative authorities are strictly cautioned not to exercise jurisdiction beyond their legal mandate when deciding representations, lest they face disciplinary consequences.

Result: Petition disposed of in terms of previous orders.

Table of Content
1. prayer for free and fair election conduct via surveillance and supervision. (Para 1 , 2 , 3)
2. existing judicial orders cover election transparency measures; no new directions required. (Para 4 , 5 , 6 , 7 , 8)
3. prohibition against officials misusing judicial directions to interfere with valid nominations. (Para 9 , 10 , 11)
4. application of previous surveillance directions to all municipal elections. (Para 12 , 13 , 14)

****

HARSIMRAN SINGH SETHI, J. (Oral)

1. In the present petition, the prayer of the petitioners is that respondents No.2 to 4 be directed to consider the representation dated 20.05.2026 (Annexure P-1) and further they be directed to conduct the polling of the entire process of all the wards of Block Samana and Block Patran, District Patiala, which is scheduled for 26.05.2026 under the supervision of CCTV cameras and videography for free, fair and impartial elections.

2. Learned counsel for the petitioners further 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 petitioners 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 election are being kept after polling before the same are counted.

3. Learned counsel for the petitioners further 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 whethe

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