Punjab & Haryana High Court Directs State Election Commission to Ensure Impartiality in Panchayat Elections

Court Emphasizes Neutral Inquiry into Allegations and Non-Partisan Conduct by Police Personnel

In a significant move to uphold the integrity of the electoral process, the Punjab and Haryana High Court has directed the State Election Commission of Punjab to ensure that all actions concerning the Panchayat elections are conducted impartially. The court's directive came in response to petitions filed by Daljit Singh Cheema and others, highlighting concerns over the conduct of the State Election Commission and its handling of complaints during the electoral process.

The division bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, addressed the role of the State Election Commission under Article 243-K of the Constitution, which mandates the commission to conduct Panchayat elections in a non-aligned and unbiased manner. The court underscored the importance of the commission's conduct appearing impartial, in addition to being actually impartial, to maintain public trust.

The judgment highlighted the necessity for the State Election Commission to handle complaints and verify evidence, such as audio and video recordings, through a neutral agency independent of the State's influence. This recommendation aims to eliminate any apprehension of favoritism or nepotism. The court noted that the State Election Commission had constituted a committee headed by the Additional Director General of Police, Punjab, to investigate allegations against certain officials, including Shri Varun Sharma, IPS, SSP, Patiala.

Further, the court appreciated the commission's decision to sanction casual leave for the SSP of Patiala, pending the inquiry, and to assign additional charge to another officer. This move was seen as a step towards ensuring free and fair elections by temporarily removing the official in question from election duties.

The court directed the State Election Commission to instruct all SHOs and police personnel involved in the election process to conduct themselves in a non-partisan manner. The directive aims to prevent any actions that could undermine the concept of free and fair elections.

The matter is scheduled for further hearing on December 22, 2025, with the court expressing hope that the ongoing inquiry will be conducted without any extraneous influences.

Bottom Line:

State Election Commission must ensure impartiality in its actions and inquiries, especially during election processes, to maintain public trust and the integrity of the elections.

Statutory provision(s): Article 243-K of the Constitution of India

Daljit Singh Cheema v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2820774