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2026 Supreme(Online)(P&H) 77205

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, Deepak Manchanda, JJ
Sarika Chhabra – Appellant
Versus
State Of Punjab – Respondent
CWP-16589-2026



Advocates:
For the Appellants/Petitioners: Puneet Kansal
For the Respondents: Jastej Singh

The Court held that the State's undertaking to implement comprehensive security, CCTV surveillance, and observer oversight for municipal elections satisfies the requirements for free and fair polls, while warning that any misuse of judicial orders to bypass election laws for rejecting nominations will result in disciplinary action.

Headnote:(A) Punjab State Election Commission Act, 1994 - Municipal Elections - Free and fair polling process - Requirement of CCTV surveillance at polling booths, counting centres, and strong rooms - Appointment of independent observers and police security for candidates - Directions issued in previous connected matters regarding videography preservation and disciplinary action against non-functional surveillance systems reiterated.

Facts of the case:
Petitioner sought directives to ensure the integrity of Municipal Elections in Dera Bassi, including videography of the polling/counting process, deployment of central police forces, appointment of neutral observers, and security for contestants. The State submitted that such measures were already being implemented pursuant to previous court orders in similar petitions.

Findings of Court:
The Court noted that standard operating procedures for free and fair elections, including CCTV installation and observer appointments, were already being addressed and implemented by the State Election Commission. The Court cautioned that orders for grievance redressal must not be exploited to illegally reject nominations post-finalization.

Issues: Whether specific judicial directions were required for security, surveillance, and observer oversight in the upcoming municipal elections in light of existing state assurances.

Ratio Decidendi: Where the State has already committed to comprehensive measures to ensure election integrity as established in previous precedents, further repetitive directions are unnecessary. Authorities must exercise their jurisdiction strictly within legal frameworks, and misuse of court-granted liberty to review nominations after the finalization schedule will attract disciplinary proceedings.

Result: Petition disposed of in terms of the order passed in CWP No. 16705-2026.

Table of Content
1. disposal of petitions on terms consistent with existing precedents. (Para 1 , 2 , 3 , 4)

****

HARSIMRAN SINGH SETHI , J. (Oral)

1. Learned counsel for the petitioner submits that the issue raised in the present petition has already been decided by passing order in CWP No.16705-2026, the present petition be also disposed of with the same terms.

2. Notice of motion.

3. Learned State Counsel does not object.

4. Disposed of in terms of CWP No.16705-2026, which is reproduced 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. For the sake of convenience, facts are being taken from CWP-16705-2025.

2. In the present petitions, the prayer of the petitioners is that the respondents be directed to ensure videography of the entire polling process, counting process, of strong room and to deploy Central Police Force for conduct of free, fair and transparent Municipal Elections of Municipal Committee, Dera Bassi, District SAS Nagar (Mohali).

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 whether there was any misconduct in conduct of such election.

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

5. Notice of motion.

6. 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.

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

8. 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 i.e., yesterday 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

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