Punjab local body polls to be held using ballot papers as HC declines interference

The Punjab and Haryana High Court on Friday declined to interfere in petitions seeking polling for the May 26 local body elections by EVMs in Punjab, thus paving the way for use of ballot papers.Disposing of the petitions, the court observed that it is now too late in the day for it to pass any order.The court, however, granted liberty to the petitioners to assail the election process by way of an election petition.Polling for 104 municipal bodies including eight municipal corporations in Punjab will be held on May 26.

The Punjab and Haryana High Court on Friday declined to interfere in petitions seeking polling for the May 26 local body elections by EVMs in Punjab, thus paving the way for use of ballot papers.

Disposing of the petitions, the court observed that it is now too late in the day for it to pass any order.

The court, however, granted liberty to the petitioners to assail the election process by way of an election petition.

Polling for 104 municipal bodies including eight municipal corporations in Punjab will be held on May 26. The counting of votes will take place on May 29.

The PILs before the Punjab and Haryana High Court had challenged the Punjab State Election Commission's decision of holding the elections for municipal corporations, municipal councils and nagar panchayats through ballot papers.

Three petitions had been filed, seeking holding of the May 26 local body polls through electronic voting machines.

A division bench of Chief Justice Sheel Nagu and justice Sanjeev Berry observed that the election programme of municipal elections has progressed to an advanced stage, where the last date for withdrawal of candidature was May 19 and now the only stage left is of polling on May 26 and thereafter counting on May 29.

''It is now too late in the day for it to pass any order or issue any writ since the election programme was published as early as on May 13 and these petitions came to be filed as late as on May 18 and May 19. Arguments in the present petitions were heard and concluded on May 21,'' read the order.

''We may be persuaded by the decision of the apex court that going back to the orthodox method of ballot papers and ballot boxes may not be appropriate, but since the petitioners have approached this court very late in the day, we decline interference in these petitions and extend liberty to the petitioners to assail the election process, if so advised, by way of an election petition,'' the court said in its order.

The court observed that no doubt, the concept of EVMs was introduced in 2006 by adding Section 48-A of 1994 Rules, which merely provided the composition of EVMs.

''However, while adding Section 48-A, the Statute retained the provisions relating to ballot papers and ballot boxes, which is evident from bare perusal of Rules 52, 53, 54, 55, 58, 65, 67, 70, 71 etc. of 1994 Rules.

The reason for retention of the provisions relating to ballot papers and ballot boxes is quite obvious,'' the court said.

The court observed that in our society, where illiteracy; poverty and ignorance continue to plague a large section of society, the Rule making authority intentionally retained the provision of ballot papers and ballot boxes and did not omit the same, while introducing the concept of EVMs in municipal elections.

''There may be occasions where the Election Commission of India or the State Election Commission may have to revert back to the traditional mode of ballot papers and ballot boxes. As such, the provision for the same in the Rules were and are understandably retained,'' it said.

Earlier, Punjab's Additional Advocate General Ferry Sofat told reporters on Friday, ''Three petitions were filed that elections should be held through EVMs. State Election Commission had maintained that even after EVMs, which were stated to be in transit by the Election Commission, reach the state, the whole process (involved in preparation, arrangements and conduct of polls through EVMs) takes at least 15 days.''.

''....These elections will now be held using ballot paper,'' he said.

He said that notification for polls was issued on May 13 followed by last date of withdrawal of nominations on May 19 and now polling scheduled for May 26.

The counsel for State Election Commission mentioned before the court that the EVMs, which were stated to be dispatched on Thursday morning from Rajasthan, had not yet reached Chandigarh and therefore practically it is not possible to hold elections using EVMs on May 26.

Earlier on Thursday, the EC had told the Punjab and Haryana High Court that EVMs have been dispatched from Rajasthan to Punjab for the May 26 local body elections in the state.

During the hearing on Thursday, the EC's counsel informed the court that EVMs requisitioned for the elections were already in transit from Rajasthan to Punjab and shall be handed over to the Punjab State Election Commission (SEC) at Mohali (SAS Nagar) or at Chandigarh last night.

According to an affidavit of the Punjab Chief Electoral Officer, the SEC is required to furnish to the EC the details of point of delivery as well as the particulars of the officials concerned authorised to take possession of the EVMs.