HC asks Punjab poll body to direct cops for non-partisan conduct in local polls

Chandigarh, Dec 11 (PTI) The Punjab and Haryana High Court has asked the State Election Commission (SEC) to issue directions to all police personnel deployed in poll duty for the December 14 zila parishad and panchayat samiti elections to conduct themselves in a non-partisan manner.

The directions came on pleas filed by Akali leader Daljit Singh Cheema and Congress leader Partap Singh Bajwa.

Cheema sought urgent judicial safeguards to ensure free and fair elections in the state while Bajwa demanded extension of the last date for filing nominations, which was December 4, for the zila parishad and panchayat samiti polls, claiming that opposition candidates faced "intimidation and systematic obstruction" in filing nomination papers.

The petitions were filed after a purported audio clip surfaced on social media with Shiromani Akali Dal (SAD) president Sukhbir Singh Badal claiming that Patiala Senior Superintendent of Police (SSP) Varun Sharma and other officers were heard allegedly conspiring to prevent opposition candidates from filing nomination for the zila parishad and panchayat samiti polls at the behest of the ruling AAP.

The hearing in the matter in the high court took place on Wednesday while the order came out on Thursday.

In the order, the bench of Chief Justice Sheel Nagu and Justice Sanjeev Berry said the Commission ought to have risen to the occasion and nipped even an apprehension of favoritism or nepotism in the bud on the receipt of a complaint from any quarter.

"As such, it would have been better if the Commission would have handed over verification of the material presented by complainants in the shape of audio and video recordings to a neutral agency not under the control and supervision of the State of Punjab," read the order.

It was further expected of the Commission to have divested the Patiala SSP of election duty, pending inquiry into the allegations, the court observed.

Earlier, the counsel for the SEC submitted that the audio clip has been sent for verification to the forensic lab in Punjab.

The counsel for the SEC also submitted that a committee headed by additional director general of police, Punjab, has been constituted by the Commission to inquire into the veracity of the complaints made in respect of the conduct of Patiala SSP Sharma.

The SEC counsel apprised the court that Sharma has been sanctioned leave for six days from December 10 and Sangrur SSP Sartaj Singh Chahal will hold additional charge of the Patiala SSP.

"We appreciate the action of the State Election Commission, Punjab, in sending SSP, Patiala, on leave till elections to zila parishad and block samiti elections in the state are over, pending inquiry into the allegations," stated the court.

The court further said the SEC is entrusted with conduct of panchayat elections under Article 243-K of the Constitution and, thus, is expected to be non-aligned while discharging its duties including that of conducting and supervising and concluding the election process.

"In this process, conduct of the Commission ought not to give an impression that it is favouring any person or political party. It is expected of the State Election Commission to conduct itself without partiality. The actions of the Commission ought not only to be actually impartial to all, but also appear to be impartial," read the order.

The court said, "In the given facts and circumstances, and to ensure free, fair and impartial elections of zila parishad and block samiti, we direct the State Election Commission to issue directions to all the SHOs and all the police personnel involved in election duty, to conduct themselves in a non-partisan manner without indulging in any kind of activity deleterious to the concept of free and fair elections.

"We hope and expect that such direction shall be issued immediately by the State Election Commission, Punjab." The court further said inquiry being conducted under the aegis of the SEC would be conducted in a free and fair manner without being influenced by any extraneous consideration from any quarter.

The next date of hearing in the matter is December 22. PTI CHS KSS KSS