Putting an end to the controversy over the requirement of submitting “residence certificate” for filing nomination papers during the forthcoming local bodies elections in Punjab, the state has undertaken before the Punjab and Haryana High Court that the same was not a pre-requisite.
The Division Bench of Justice Harsimran Singh Sethi and Justice Deepak Manchanda was also told that the candidates denied “no objection” might file a self-attested affidavit along with nomination papers, and that complete forms would be accepted in accordance with the law.
Taking note of the submissions, the Bench disposed of the petitions while directing the police authorities to ensure no untoward incident took place during the conduct of the election process.
The undertaking and the directions came on a bunch of petitions alleging that candidates were facing hurdles in filing nomination papers for the upcoming Municipal Council elections scheduled on May 26.
The grievance placed before the Court was that candidates were being asked to produce documents not contemplated under the final voter list framework, thereby allegedly risking rejection of nominations at the last stage.
Appearing before the Court, the counsel for the petitioners argued that the candidates had not been issued a no-objection, following which they were unable to fill the nomination papers. “If the no objection is denied at fag end, the candidate will not be allowed to contest the election, which will cause prejudice to the petitioners,” the counsel added.
The counsel further submitted that the voter list had already been finalized by the Punjab State Election Commission. But the residence certificate was being asked for while filing the nomination paper, which was uncalled for.
“The condition is only being imposed to reject the nomination of the eligible candidate, debarring him from contesting the elections of the Municipal Council concerned, which are now scheduled to be held on May 26,” the Bench was told.
The petitioners were represented by counsel Pardeep K. Bajaj. Kuljit Singh and Parambir Singh, while Advocate-General Maninderjit Singh Bedi, along with Additional Advocate–General Jastej Singh, appeared for the state.
Responding to notice, the state –– on instructions from the Secretary, Punjab State Election Commission –– clarified: “As per the checklist provided to be appended along with the nomination form, there is no requirement of residence certificate and the same has already been circulated to all the concerned Returning Officers for their information and necessary action.”
The state further undertook that candidates would not be left without remedy where “no objection” was not received and might proceed by filing a self-attested affidavit with nomination papers. “In case no objection has not been received by the petitioners, in that case, without any further delay, a self-attested affidavit with nomination form can be submitted,” it was added.
The Bench was also assured that the Returning Officers would accept the nomination papers in accordance with the law once the nomination forms were complete. The state additionally informed the Court that surveillance cameras had been installed inside and outside Returning Officers’ rooms to ensure transparency and prevent allegations of arbitrariness in the acceptance of nomination papers.
After the state stand was placed on record, counsel for the petitioners submitted that no further grievance survived, save and except the need for security protection during the nomination process.
Accepting the position, the Bench directed that any candidate apprehending a threat might approach the Senior Superintendent of Police concerned, who would take appropriate action. The Bench also asked the authorities concerned to ensure the deployment of adequate police personnel for free and fair polling. The Court also made it clear that any interference with the electoral process would invite strict action in accordance with the law.
It was further observed that candidates required to deposit any amount for eligibility would be permitted to do so within the stipulated time for filing nominations.
