CWP Nos. 17332, 17369 & 17379 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 16.9. 2011 1.CWP No.17332 of 2011 Inderjit Singh ...Petitioner VERSUS The Union of India and others …Respondents 1.CWP No.17369 of 2011 Gurbaksh Singh ...Petitioner VERSUS The Union of India and others …Respondents 3.CWP No.17379 of 2011 Sukhjit Singh ...Petitioner VERSUS The Union of India and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI HON'BLE MS. JUSTICE RITU BAHRI PRESENT: Mr.ML Saggar, Sr.Advocate with Mr.GP Vashisht, Advocate for the petitioner(s) Permod Kohli, J. (Oral) Notice of motion to respondents no.1 to 4 and 6. CWP Nos. 17332, 17369 & 17379 of 2011 2 Mr.Ajay Kaushik, Central Government Standing Counsel who is present in Court has been asked to accept notice on behalf of respondents no.1 and 4 and Mr. Sumeet Abrol, AAG, Punjab has been asked to accept notice on behalf of respondents no. 2, 3 and 6. Keeping in view the common facts and prayers made in these writ petitions, we dispose of the same with this common order. These writ petitions have been filed invoking extraordinary writ jurisdiction of this Court under Articles 226/227 of the Constitution of India seeking directions in the nature of Mandamus for deployment of (i) Central Reserve Police Force, (ii) appointment of observers, (iii)Prevention of casting of bogus votes beyond the published list, (iv) conducting a videography on the date of polling in each polling booths and (v) for providing security to the person and property of the petitioner(s). Elections to the Shiromani Gurdwara Prabandhak Committee are regulated by the Sikh Gurdwaras Act, 1925 and the rules framed thereunder, namely, the Sikh Gurdwaras Election Rules, 1959. Elections are scheduled to be held on 18th September, 2011 between 8 a.m. to 5 p.m. It is not possible to interfere in the election process at this belated stage. Free and fair election to any democratic organization or institution is hallmark of democratic polity. Thus to ensure free and fair elections and for maintaining law and order, certain directions at this stage are necessary. Keeping in view the above objectives, we dispose of these writ petitions with following directions:- The Chief Secretary, State of Punjab, Director General of Police, Punjab and the Chief Commissioner, Gurdwara Elections are directed to ensure that election is conducted in a free and fair manner, without CWP Nos. 17332, 17369 & 17379 of 2011 3 intimidation of the voters etc. It is further directed that adequate police force be deputed at all the polling booths, particularly the sensitive polling stations for maintaining law and order with the sole objective of holding free and fair elections. Some of the petitioners have asked for personal security. The concerned Superintendent of Police will assess the threat perception and if it is found necessary, the concerned Superintendent of Police will provide security to the petitioner(s) during the period of election. Petitioners are at liberty to arrange videography outside the polling station at their own costs and if they express such a desire, they be not prevented from doing so. It is, however, made clear that videography shall not be conducted inside the polling booths to maintain secrecy of the polling. Copy of this order be placed on record of each concerned file. Copy of this order be given dasti under the signature of Special Secretary of this Court to learned counsel for the parties for onward transmission to respondents no.2 to 4 and 6 for compliance. (PERMOD KOHLI) JUDGE (RITU BAHRI) JUDGE 16.9.2011 MFK CWP No.10585 of 2010 4