C.W.P. No.16085 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.16085 of 2008 DATE OF DECISION: NOVEMBER 10, 2008 Surinder Singh and others .....PETITIONERS Versus Deputy Commissioner, Moga and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.C.M. Munjal, Advocate, for the petitioners. Mr.N.D.S.Mann, Addl. Advocate General,Punjab, for respondents No.1 and 2. Mr.S.S.Narula, Advocate, for respondent No.5. .. SATISH KUMAR MITTAL, J. (ORAL) The petitioners, who are three out of four candidates for the election of Municipal Councillor from Ward No.4, Municipal Council, Moga, have filed this petition under Article 226 of the Constitution of India for issuing direction to the official respondents to hold free and fair election of the Municipal Council, Moga, which was to be held on September 14, 2008; and further for issuance of direction to respondent No.2 to protect the life and liberty of the candidates, who are contesting the said election. This petition was filed on September 09, 2008. In the petition, it was apprehended that due to political interference, at the instance of C.W.P. No.16085 of 2008 -2- candidate belonging to Akali Dal, free and fair election would not be held. In this petition, notice of motion was issued on September 10, 2008. The learned Additional Advocate General, Punjab, who was present in the court, accepted the notice and the case was adjourned for September 12, 2008 for filing the affidavit. On September 12, 2008, the case was adjourned for September 15, 2008. However, it was assured by the learned Additional Advocate General that there will be free and fair poll on September 14, 2008. On September 14, 2008, during the poll, large scale violence and booth capturing were reported. The polling was stopped due to booth capturing. The Deputy Commissioner, Moga recommended to the State Election Commission for adjournment of the poll of Ward No.4 under Section 60 of the Punjab State Election Commission Act, 1994. On his recommendation, the poll of Ward No.4 was postponed by the State Election Commission. When the case was taken up, the learned Additional Advocate General placed on record a letter dated September 14, 2008 written by the District Election Officer-cum-Deputy Commissioner, Moga to the effect that poll of Ward No.4, which was postponed because of complaints of violence and booth capturing, will be held on September 16, 2008. On that, counsel for the petitioners submitted that the petitioners and their supporters were mercilessly beaten up by other group and they were admitted in the hospital, and that is why the respondents wanted to conduct fresh poll of Ward No.4 within two days, which will give undue advantage to the other group. In those circumstances, the case was adjourned for September 22, 2008. The Deputy Commissioner was directed to file a detailed affidavit indicating in what circumstances the poll was postponed and who indulged C.W.P. No.16085 of 2008 -3- in booth capturing. It was further directed that till the next date, poll of Ward No.4 may not be held. Thereafter, on the next date, Deputy Commissioner, Moga filed a detailed affidavit dated September 21, 2008 in which he had stated that in Ward No.4 there was only three polling booths. All the polling booths were housed in a small Dharamshala having only two rooms. There was only one entrance to the Dharamshala. In the affidavit, he had also specifically stated that all three booths were captured by anti-social elements and hooligans. In these circumstances, he had recommended to the State Election Commission for countermanding of the election of Ward No.4. In view of the afore-said affidavit, the notice was issued to the State Election Commission and it was directed to file an affidavit with regard to re-conduct of the election of Ward No.4 of Municipal Council, Moga ensuring free and fair election. In pursuance of the said direction, the State Election Commission has filed an affidavit dated 06.11.2008 through its Secretary. In the affidavit, it has been stated that the State Election Commission has postponed the poll of Ward No.4 and decided to re-conduct the poll in a free and fair manner by making adequate arrangement. It has been further stated that the State Election Commission had held a meeting with the Principal Secretary Home, Punjab and Director General of Police, Punjab on November 03, 2008 regarding the security arrangement for re- conduct of poll of Ward No.4, Municipal Council, Moga, and it was decided that an Observer shall be deputed by the State Election Commission to supervise the poll, and all the measures will be taken to conduct free and fair poll for which the Deputy Commissioner, Moga and the Senior Superintendent of Police, Moga shall be personally responsible. In view of C.W.P. No.16085 of 2008 -4- the averments made by the Secretary, State Election Commission in his affidavit, we are satisfied that sufficient arrangements will be made during re-conduct of the poll of Ward No.4. Learned counsel for the respondent-State informed the court that within a week, the date for re-conduct of fresh poll of Ward No.4 will be notified by the State Election Commission and all necessary arrangements, as indicated in the aforesaid affidavit filed by the Secretary, State Election Commission, shall be made. In view of the above facts and after hearing the counsel for the parties, we dispose of this petition with a direction to the respondents to re- conduct the poll of Ward No.4, Municipal Council, Moga, expeditiously in the manner indicated above. (SATISH KUMAR MITTAL) JUDGE November 10, 2008 ( JASWANT SINGH ) vkg JUDGE