The Punjab and Haryana High Court has issued a significant directive to the Punjab government, ordering an immediate halt to the issuance of election notifications for numerous urban local bodies across the state. This judicial intervention comes amid ongoing legal challenges regarding the redrawing of ward boundaries, a process critical to the democratic functioning of municipal governance.
Court's Directive on Election Process
In a decisive move, the high court has instructed the Punjab government not to proceed with election notifications for nine municipal corporations and more than 100 municipal councils and municipal committees. The order, pronounced in an open court, explicitly states that the election process for all these local bodies cannot advance until the state government files its response to the petitions contesting the ward delimitation.
Although the copy of the order was not available at the time of reporting, the court's stance is clear: it seeks to ensure that the electoral procedures adhere to legal standards before any further steps are taken. This precautionary measure underscores the judiciary's role in safeguarding the integrity of local elections.
Legal Bench and Petitions
A division bench led by Justice Harsimran Singh Sethi delivered these orders while hearing a batch of petitions. These legal challenges question the legality of the state's exercise to redraw ward boundaries for municipal councils and corporations. The petitioners have raised concerns about whether the delimitation process aligns with established legal frameworks.
Key Issues Highlighted by the Court
Earlier, on January 16, the court took cognisance of the matter and identified two pivotal issues. First, it examined whether the delimitation process undertaken by the Punjab government is in consonance with the Municipal Corporation Act, 1976, and the Delimitation of Wards of Municipal Corporation Order 1995. This scrutiny is essential to ensure that the state's actions comply with statutory requirements.
Second, the court addressed whether such delimitation could be carried out after January 1, 2026, in light of a Government of India notification dated August 13, 2025. This notification is stated to freeze ward boundaries, raising questions about the timing and permissibility of the state's delimitation efforts.
State's Response and Court's Reaction
In response to these issues, the bench directed the chief secretary of Punjab to file a detailed affidavit. This document was to indicate whether the state accepted the August 13, 2025, notification issued by the Centre in its entirety or held a different view, particularly concerning the delimitation of wards for urban local bodies.
However, the state authorities failed to respond to this directive, leading the bench to order a suspension of the election process. This lack of response has prompted the court to take a firm stance, emphasizing the need for clarity and compliance before proceeding with electoral activities.
Implications for Local Governance
The court's order has significant implications for local governance in Punjab. By halting the election process, it ensures that any potential irregularities in ward delimitation are addressed before elections are conducted. This move aims to uphold the principles of fair representation and democratic accountability in municipal bodies.
As the legal proceedings continue, stakeholders await the state government's response and further developments in this case. The outcome will likely influence future delimitation exercises and electoral processes in Punjab's urban local bodies.
