The plea of Congress Councillor stated that the positions for the posts of Senior Deputy Mayor and Deputy Mayor of Panchkula, Haryana have been vacant for over three years since December 30, 2020.
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Chandigarh: To uphold democratic processes within municipal governance, Akshaydeep Chaudhary, an elected councillor from the Indian National Congress party, has approached the Punjab and Haryana High Court, seeking intervention for the timely conduct of elections for the mayor’s position in Panchkula. Represented by advocates Pratap Singh, Parth Singh, Ishwar Singh, and Sachin Singh, the plea highlights a concerning delay that has left critical positions within the Municipal Corporation vacant for an extended period.
The heart of the issue lies in the apparent disregard for the mandates outlined in the Municipal Corporation Act, 1994, and the Haryana Municipal Corporation Election Rules, 1994. These legal frameworks explicitly require that elections for municipal positions be held within 60 days following the notification of newly-elected municipal councillors. Despite these clear directives, Panchkula has seen its mayoral position remain unfilled for over three years since December 30, 2020.
“By challenging the procedural and substantive legality of the delayed elections, the petitioner aims to reaffirm the principles of democracy, rule of law, and the constitutional mandate for regular and timely elections at the municipal level,”
-the plea stated.
Chaudhary’s challenge to this delay is multifaceted. He argues that such inaction not only undermines the democratic process but also deprives Panchkula’s residents of their rightful representation in the governance of the Municipal Corporation. Furthermore, the delay is presented as a violation of the specific provisions of the 1994 Act and Rules, alongside Articles 243R and 243S of the Constitution of India. These articles underscore the importance of regular elections to maintain the essence of democratic governance at the municipal level.
This plea comes in the wake of the Supreme Court’s critical observation regarding the conduct of polls for the Chandigarh Mayor, which it described as “a mockery of democracy.” The apex court expressed its dismay over the actions of the returning officer, who was caught on video defacing ballot papers in a manner that could influence the election results.
“It is obvious that he has defaced the ballot papers. He needs to be prosecuted. Why is he looking at the camera? Mr Solicitor, this is a mockery of democracy and murdering democracy. We are appalled. Is this behaviour of a returning officer? Wherever there is a cross at bottom, he does not touch it but when it is at the top, he alters it. Please tell returning officer that Supreme Court is watching him,”
-remarked a Bench headed by Chief Justice of India DY Chandrachud.
The legal battle initiated by Chaudhary in the Punjab and Haryana High Court is not just about filling a vacant position; it is a fight to preserve the democratic ethos that underpins local governance. As the case progresses, it underscores the critical need for adherence to legal mandates and constitutional provisions that ensure the regular conduct of elections, thereby fostering a truly representative and democratic governance structure at the municipal level.
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