Chandigarh, 29 October 2024: The Punjab and Haryana High Court has reaffirmed that the decision regarding the feasibility, viability, and necessity of videography during municipal elections rests solely with the State Election Commission.
This ruling came from a division bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal, who directed the commission to address a petition requesting the videography of the entire election process, ideally before the publication of the election program.
The petition was filed by Kuljinder Singh, represented by lawyers Saurav Bhatia, Parambir Singh, HPS Bunger, and Nitin Chaudhary, against the state of Punjab and another respondent. The court noted that the petition was presented as a public interest litigation, raising concerns about potential illegalities and irregularities observed during previous panchayat elections, despite the dismissal of related petitions by the high court.
The bench expressed concern that similar issues could arise in the upcoming municipal elections in Punjab, for which an election program is expected to be released soon. The petitioner sought videography of the entire electoral process, from the nomination paper filing to the declaration of results.
“This court is concerned that the determination of the feasibility, viability, and necessity of videography lies within the exclusive domain of the State Election Commission,” the bench stated. This commission is responsible for overseeing, directing, and controlling the election process, as outlined in Section 3 of the Punjab State Election Commission Act of 1994.
The bench further indicated that the petitioner is entitled to bring any grievances before the commission, acknowledging that a representation had already been submitted on this matter.
The court disposed of the public interest litigation without commenting on the case’s merits, directing the State Election Commission to consider the petitioner’s representation prior to the publication of the election program.
