Punjab: HC orders videography for panchayat elections

Punjab: With an aim to enhance transparency and fairness in the forthcoming Panchayat elections, the Punjab and Haryana High Court has directed videography during polling and counting of votes in the Gram Panchayats referred to in 22 petitions filed before the Court. A division bench of Justices Vikas Bahl and Harpreet Singh Brar also clarified that the proceedings inside and outside the polling stations will be recorded and preserved for three years from the date of polling. “We are of the view that proper videography of the proceedings at the time of polling and counting in respect of election to the posts of Sarpanches and Panches of Gram Panchayats will serve the purpose of free and fair election and will also help in conducting the same in a fair manner,” the Bench stressed. Laying down the procedure, the Court directed the concerned Deputy Commissioner-cum-District Election Officer and the Punjab State Election Commission to ensure complete videography coverage.

The concerned Senior Superintendent of Police was also directed to provide adequate security to maintain order during the election. During the hearing, the bench also referred to the full bench judgment in the case of “Prithvi Raj vs State Election Commission, Punjab” and the division bench judgment in the case of “Manjinder Singh vs State of Punjab” which underlined the role of videography in ensuring transparency in elections at the grassroots level. Among other things, it said: “It is desirable that proper videography of the proceedings at the time of counting is done to maintain transparency and fairness in elections at the grassroots level”. The direction comes at a time when the High Court has already reprimanded the State of Punjab for its handling of the panchayat election, particularly citing arbitrary rejection of nomination papers and alleged pressure exerted on candidates. Referring to “gross abuse” on the part of the state machinery, another High Court bench had earlier said that the candidate should be given an opportunity to rectify errors in his nomination papers as per the prescribed procedures and receive a notice specifying the time and place for scrutiny. Emphasising on the statutory provisions, the bench said: “The grounds on which the nomination papers of the petitioners have been rejected do not exist under either Section 38 or Section 39 of the Punjab State Election Commission Act, 1994.” The bench said that non-adherence to legal provisions during the scrutiny raises serious concerns over the fairness of the election process. The court also pointed out that the allegations of coercion or manipulation to withdraw candidature were not isolated incidents, as the allegedly unopposed candidates were declared winners prematurely. Photographs were submitted by the petitioners showing the winning candidates “garlanded by the present chief minister or standing with ruling party MLAs.” “Even in the event of no other candidate except one being in the fray, he cannot be declared unopposed before the date of polling,” the bench stressed.