CWP No. 5091 of 2009 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 5091 of 2009 Date of Decision: 27.05.2009 Amandeep Singh & another ..Petitioners versus Election Commission of India and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. BBS Sobti, Advocate for the petitioners Mr. M.L.Sarin, Sr. Advocate with Mr. Hemant Sarin, Advocate for respondents No.1 and 2 Ms. Madhu Dayal, Addl. A.G. Punjab Mr. O.S.Batalvi, Advocate for respondent No.3 ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondent-Election Commission of India to hold the bye-election for Noormahal Assembly constituency in the State of Punjab together with the general elections for the 15th Lok Sabha that were scheduled to be held on 13.05.2009. It is common knowledge that the general elections for 15th Lok Sabha have been peacefully held and CWP No. 5091 of 2009 [2] results thereof already declared. The prayer for holding the election in Noormahal constituency, that fell vacant on account of the death of Shri Gurdeep Singh Bhullar, M.L.A, alongwith the general elections,therefore, does not any longer survive for consideration. That apart, the apprehension of the petitioners that the assembly elections of Noormahal constituency may not be held within the outer limit of six months, stands allayed by notification dated 04.05.2009 issued by the Election Commission of India whereunder the election for the said constituency was announced and poll fixed for 28.05.2009. On account of certain unfortunate incidents leading to large scale violence in parts of the State of Punjab, the Election Commission has on the recommendation of the Chief Electoral Officer, Punjab, issued another notification dated 26.05.2009 shifting the election for Noormahal constituency and the poll date to 12.06.2009. Mr. Sobti, learned counsel appearing for the petitioners submits that the Election Commission has acted on the advise of the State Government which it should not have done. There is in our opinion no basis for that submission whatsoever. The notification issued by the Election Commission clearly mentions that the date of poll has been shifted on the recommendation of the Chief Electoral Officer, Punjab who was intimated by the Election Officer about the prevailing law and order situation in the State and who had forwarded the request for postponement of the election received from the State Home Secretary. In the circumstances, therefore, postponement of the election does not appear to be actuated by any malice or other extraneous consideration to call for any interference from this Court. CWP No. 5091 of 2009 [3] Mr. Sobti next argued that Election Commission may once again postpone the election beyond 12.06.2009. Even that apprehension is in our opinion unfounded. There is no basis at present to assume that the Election Commission would further postpone the election announced for Noormahal constituency. In the circumstances, therefore, there is no occasion for us to issue any direction in the petition which is hereby disposed of leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (HEMANT GUPTA) JUDGE 27.05.2009 'ravinder'