In a writ petition concerning the election of municipal officials, the Court yielded to administrative safeguards proposed by the Divisional Commissioner, including enhanced security and CCTV monitoring, and disposed of the petition without further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.17198 of 2015 Date of Decision: August 24, 2015
Kuljit Singh Bedi
.....Petitioner
versus
The State of Punjab and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE JASPAL SINGH.
Present: Mr.D.S.Patwalia, Senior Advocate with
Mr.Kannan Malik, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, Additional AG, Punjab. Mr.Kamal Sehgal, Advocate, for Municipal Corporation, SAS Nagar Mohali.
-.-
Surya Kant, J. (Oral)
In deference to the order dated 19.08.2015, Dr.S.Karuna Raju, IAS, Divisional Commissioner, Roopnagar is present. He has also filed his affidavit suggesting the steps he proposes to take to ensure fair and impartial election of Mayor, Senior Deputy Mayor and Deputy Mayor of Municipal Corporation, SAS Nagar Mohali which is now fixed for 28.08.2015 at 3.00 p.m. Mr.Raju has suggested that Section 144 Cr.P.C. would be imposed in 500 meter area surrounding the venue of meeting, i.e., outside the hall of venue, to prevent any unlawful assembly. The Executive Magistrate will be deployed inside and outside the venue of meeting. The presence of sufficient police-force inside and outside the venue shall also be ensured. In this regard, we direct the
MOHINDER KUMAR 2015.08.25 12:19 I attest to the accuracy and authenticity of this document Chandigarh
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CWP No.17198 of 2015
Senior Superintendent of Police, SAS Nagar Mohali to provide full assistance to the Divisional Commissioner.
It is further averred that the entire proceedings of the meeting will be videographed and such recording shall be preserved for perusal of the Court and/or otherwise. CCTV coverage inside and outside the venue shall be carried out. The affidavit suggests that once a member enters the meeting hall, he will not be allowed to leave the house without the permission of the Chair. No member shall be allowed to carry his/her mobile-phone inside the meeting hall and will also have to bring an identity proof to prevent the entry of any unauthorized person. The other procedural requirements to be followed have also been briefly mentioned in the affidavit.
We have no reason to doubt that the Divisional Commissioner shall ensure fair, free and impartial election as per the responsibility entrusted to him.
If the petitioner will have still any grievance with regard to the manner in which the proceedings would be conducted on 28.08.2015, he shall be at liberty to approach the Court.
The writ petition stands disposed of accordingly. Let a copy of this order be given dasti to Mr.Rajesh Bhardwaj, Additional AG, Punjab and Mr.Kamal Sehgal, counsel for the Municipal Corporation, SAS Nagar Mohali, for information and necessary compliance.
[SURYA KANT] JUDGE
August 24, 2015 [JASPAL SINGH] mohinder JUDGE
MOHINDER KUMAR 2015.08.25 12:19 I attest to the accuracy and authenticity of this document Chandigarh
Kuljit Singh Bedi
The State of Punjab
Surya Kant
Jaspal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
