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Panchayat Samiti polls: HC orders videography, secret ballot; fixes March 28 for Baghapurana

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The Punjab and Haryana High Court has made it clear that elections to the posts of Chairman and Vice-Chairman of Panchayat Samiti, Baghapurana, will be conducted through a secret ballot, under videography, and in the presence of a court-appointed observer.The Bench of Justice Harsimran Singh Sethi and Justice Parmod Goyal also fixed March 28, 10 am as the date and time for polling at Moga Deputy Commissioner’s office.Disposing of the petition, the court added that the entire election process would adhere to safeguards already laid down in an earlier ruling, while adding further directions to ensure transparency and neutrality.The court recorded the State’s stand that the directions issued earlier by the high court in the case of “Taranjit Singh and others versus the State of Punjab and others” decided on March 13 would govern the present elections as well.Taking note of the consensus, the Bench held: “Keeping in view the agreement between the parties, the present petition is disposed of in same terms and conditions as held in Taranjit Singh’s case.”The Bench also quoted the safeguards mentioned in the judgment for “ready reference”, including direction to videograph the process at the petitioner’s cost to ensure free and fair conduct. The judgment had also made it clear that the elections would “be undertaken based upon the secret ballot papers and no member will be restrained in any manner from participating in the process.”It had added that a member would be allowed to cast vote even if he was required in any case, or was in police/judicial custody. He would be taken back after casting vote. For removing apprehensions regarding neutrality, the court had also directed that the election would be conducted in the Deputy Commissioner’s presence.The Bench added a further direction that only members entitled to vote for the Chairman and Vice-Chairman’s post of the Panchayat Samiti concerned would be allowed at the venue. “No other person will be allowed to enter or loiter near the hall,” the court asserted.Addressing the grievance regarding delay in fixing the election schedule, the Bench appointed advocate Japuji Kaur Sidhu as court observer to oversee the elections to be held on March 28 at the Deputy Commissioner’s office in Moga.The directions came on a petition filed against the State of Punjab and other respondents by Inderjeet Singh and other petitioners. They were seeking directions for ensuring free, fair, democratic and transparent conduct of electionsThe State, represented by Punjab Advocate-General Maninderjit Singh Bedi and Additional Advocate-General Rahul Rampal, at the onset submitted that the directions issued in Taranjit Singh’s case would be made applicable.The petitioners, represented by advocates Parambir Singh, Ravinder Singh Sanpla, Namarta Sharma, Neha Randhawa and Prabhpreet Kaur submitted that their grievance regarding holding the elections in a free and fair manner stood redressed. But the date was not being fixed.“This order be brought to the notice of all the members of the Panchayat Samiti by Deputy Commissioner, Moga, who are eligible to vote in the meeting fixed for March 28,” the Bench concluded after hearing rival submissions.

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