Punjab: High Court reminds Election Commission of constitutional neutrality

Punjab: The High Court has stated that the State Election Commission (SEC) is expected to act without any discrimination while performing its functions, “which include conducting, supervising, and concluding the Panchayat election process.” This came after a division bench asked the SEC to issue instructions to police personnel to perform election duties with complete neutrality and without indulging in any activity that could hamper free and fair elections. The court stated, “We direct the SEC to issue instructions to all SHOs and police personnel engaged in election duty to work without any discrimination and not to indulge in any activity that is detrimental to the concept of free and fair elections.” The court further stated that these instructions were necessary to “ensure free, fair, and non-discriminatory elections” to the Zila Parishad and Block Committees in the given facts and circumstances. A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry further stated that Article 243-K imposes a constitutional obligation on the Commission to conduct, supervise, and conclude Panchayat elections completely and without any political bias. These directions came on petitions seeking a CBI or other central agency investigation into the conduct of Patiala SSP Varun Sharma. This follows the emergence of an alleged audio recording in which police officers are instructed to obstruct the nomination process. The bench was told that the audio clip “instructs to stop opponents at homes or on roads, act on the orders of the local MLA, protect AAP supporters by providing positive reports, and ensure that returning officers reject their entries, thereby securing victory without any opposition and violating the Model Code of Conduct.”