Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21239 = 2026:PHHC:087926-DB
Decided on: 23.06.2026
Alongwith
CWP No.19400 of 2026, Krishan Singh and others v. State of Punjab and others
Present:
Mr. Amit Dhawan, Advocate for the petitioner in CWP-19380-2026.
Mr. Shaurya Khanna, Advocate for the petitioners in CWP-19400-2026.
Mr. Jastej Singh, Additional Advocate General, Punjab. Mr. Maninder Singh Garcha, Senior Advocate with Mr. Pradeep Sharma and Ms. Priyanka Malik, Advocates for respondent No.4/MC, Patran in CWP-19400-2026.
***
Municipal elections -- Free and fair elections -- High Court directs uninterrupted videography and CCTV monitoring of entire election proceedings and adequate security arrangements.
***
Constitution of India, Article 226 -- Punjab Municipal Act, 1911 (3 of 1911), Section 20 -- Municipal elections -- Election of President, Vice-President and Senior Vice-President of Municipal Council -- Uninterrupted videography and CCTV monitoring -- High Court directs proper videography and CCTV monitoring of entire election proceedings inside premises -- Videography to be preserved for six months, extendable by competent Court -- Senior Superintendent of Police also directed to provide adequate security for conduct of fair elections -- Directions issued to ensure transparency, fairness and integrity of electoral process.
(Paras 2 to 4)
***
VIKAS BAHL, J. (ORAL) –
1. The present order would dispose of two writ petitions i.e. CWP-19380-2026 and CWP-19400-2026.
2. Learned counsel for the petitioners in both the writ petitions have submitted that the prayer which the petitioners are to press in both the writ petitions is for uninterrupted videography and CCTV monitoring of the inside of the premises, where the election of the President, Vice President and Senior Vice President of the Municipal Council and also the oath ceremony of the petitioners along with other persons who have been duly elected as Councillors is to take place. It is submitted that the election for the posts of President, Senior Vice President and Vice President of the Municipal Council, Nakodar, subject matter of CWP-19380-2026, is scheduled to be held on 24.06.2026 at 11:00 AM and election for the posts of President, Senior Vice President and Vice President of the Municipal Council, Patran, subject matter of CWP-19400-2026, is scheduled to be held on 23.06.2026 at 3:00 P.M. Reliance in this regard is placed upon the judgment of the Division Bench dated 11.10.2024 passed in CWP-26673-2024 titled as Anil Kumar Versus State of Punjab and others and other connected matters. The relevant portion of the said judgment which has been highlighted is reproduced hereinbelow:
“2. The Full Bench of this Court in case titled as Prithvi Raj Vs. State Election Commission, Punjab and others, passed in CWP-3575-2003, decided on 25.07.2007, had observed that power of the High Court under Article 226 of the Constitution of India would be available, where exercise of the said power subserves the progress of the election, facilitates its completion and is exercised to further the election process. Reference can also be made to the judgment of the Division Bench of this Court passed in case titled as Manjinder Singh Vs. State of Punjab and others, reported as 2019(1) RCR (Civil) 483, in which, it was observed that it is desirable that proper videography of the proceedings at the time of counting of votes is done to maintain transparency and fairness in the election at grassroots level.
3. Keeping in view the above, we are of the opinion that proper videography of the proceedings, at the time of polling and counting of votes with respect to elections for the posts of Sarpanches and Panches of the Gram Panchayats, regarding which the present writ petitions have been filed, would subserve the purpose of free and fair election and would also facilitate its completion in a fair manner. Thus, all these civil writ petitions are disposed of with the following directions: -
(i) Concerned Deputy Commissioner-cum-District Election Officer as well as Punjab State Election Commission would ensure that there would be proper videography of the proceedings at the time of polling and counting of votes; both inside and outside the polling booths in order to maintain transparency and fairness in the elections and the said videography would be preserved for a period of three years from the date of polling.
(ii) Concerned Senior Superintendent of Police is also directed to provide adequate security for the conduct of the said panchayat elections.
4. With the aforesaid observations made and directions issued, all these 22 civil writ petitions are disposed of.”
3. Learned State counsel has submitted that in view of the abovesaid directions, the proper videography of the proceedings would be done of the inside of the premises where the election for the posts of President, Senior Vice President and Vice President of the Municipal Council is to take place. It is further submitted that adequate security would also be provided. It is further submitted that as per his latest instructions, the election with respect to Nakodar has been postponed and on the date when the said elections are ultimately held, the videography of the proceedings would be done.
4. Keeping in view the abovesaid facts and circumstances, more so in view of the directions issued by the Division Bench of this Court in its order dated 11.10.2024, the present petitions are disposed of with the following directions:
(i) The concerned Deputy Commissioner/convener is directed to ensure that there is proper uninterrupted videography and CCTV monitoring of the proceedings in which the election for the post of President, Senior Vice President and Vice President of the Municipal Council, Patran as well as Nakodar is to be held. The said videography would be preserved for a period of six months from the date of the meeting and the said period of six months would be further liable to be extended by a competent Court of jurisdiction either hearing the election petition or any other such ancillary matter on a request made by any of the parties.
(ii) The concerned Senior Superintendent of Police is also directed to provide adequate security for the conduct of fair elections.
Order accordingly.
********