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Observer, videography ordered as HC monitors Abohar Mayor Election

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The Punjab and Haryana High Court has recorded the Punjab Government’s statement that it would convene, within a week, the meeting for electing the Mayor, Senior Deputy Mayor and Deputy Mayor of the Abohar Municipal Corporation, and held the State bound by the statement.The State also told the court that it would ensure a fair electoral process by, among other measures, videographing the entire meeting, including the voting process by show of hands, and preserving the recordings and written proceedings.The order came on a petition filed by 28 newly elected corporators seeking directions for the expeditious conduct of elections to the three posts. The petitioners alleged repeated postponement of the election process, apprehended horse-trading and expressed fears that false criminal cases could be registered against them to prevent them from exercising their franchise.The petitioners submitted that elections to the 50-member Municipal Corporation were held on May 29 and the election of all corporators was notified on June 5. Referring to Section 38 of the Punjab Municipal Corporation Act, 1976, they contended that the election to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor was required to be conducted within one month from the notification.According to the petitioners, the Divisional Commissioner convened a meeting for July 7 to hold the election, but it was postponed to July 10 due to “unforeseen circumstances”. They further alleged that although all newly elected corporators attended the July 10 meeting and signed the logbook to mark their presence, the election was not conducted and was subsequently indefinitely deferred. They claimed they were in a majority and alleged that the delay was intended to encourage horse-trading.The State disputed these allegations. It submitted that the first postponement was on account of administrative reasons and alleged that the petitioners created a ruckus inside and outside the venue on July 10, prevented the Deputy Commissioner and the Divisional Commissioner from discharging their duties by stopping their official vehicle and thereby made it impossible to conduct the election.During the hearing, the State, through its counsel, stated that it would convene the meeting within a week for electing the Mayor, Senior Deputy Mayor and Deputy Mayor. It further stated that the entire meeting and the venue from outside, from all possible angles, would be videographed, including the voting process by raising of hands. The CCTV footage and videographed material, along with copies of the written proceedings, would be preserved in the custody of the Deputy Commissioner, Fazilka, for six months. Adequate security, if required, would also be provided. Besides this, it had no objection to the appointment of an independent observer.Recording the statement, the Bench held: “We further hold that the State shall remain bound by the afore statement made before us and ensure that the measures stated before us, as above, are observed by the State.”The Bench appointed senior advocate Sandeep Goyal as an Observer to remain present throughout the meeting for electing the Mayor, Senior Deputy Mayor and Deputy Mayor. It authorised him to take photographs and videos of the proceedings both inside and outside the venue.The court further directed that the Observer’s report, along with photographs or videos, if any, be submitted before the High Court in a sealed cover to remain in the custody of the Registrar (Judicial) for six months.The Bench also directed the Divisional Commissioner to give the Observer at least 48 hours’ notice of the date and time of the meeting through email, WhatsApp and dasti service. It further directed the Deputy Commissioner, Fazilka, to ensure that the Observer reached the venue securely before the meeting and was safely escorted back after its conclusion. The State was also directed to ensure the Observer’s safety and security.

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