In a significant ruling on local democracy, the Supreme Court has set aside the elections held in 50 municipal wards in Punjab and ordered fresh polls under a strict judicial monitoring mechanism. The order covers 28 wards of the Patiala Municipal Corporation and 22 wards spread across the Baghapurana and Dharamkot municipal councils in Moga district.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the entire re-election process must be completed within six weeks, and that results will be declared only after the High Court Chief Justice is satisfied the polls were free and fair.
Background: why the polls were challenged
The case grew out of the Punjab civic elections held in December 2024. Candidates linked to several national and state political parties moved the courts, alleging that they were physically prevented from filing their nomination papers.
According to the petitions, members of the ruling Aam Aadmi Party, police personnel and unidentified people stopped them from reaching nomination centres, assaulted some of them, tore their clothes and snatched their papers. The petitioners also argued that the nomination process was not videographed despite directions from the Punjab and Haryana High Court, and that mayoral elections were held while several ward results were still pending.
The fact-finding commission's report
To get to the bottom of the allegations, the Supreme Court appointed a one-member fact-finding commission headed by former Punjab and Haryana High Court judge Justice Nirmaljit Kaur. Her report concluded that the elections in 50 wards were vitiated and deserved to be set aside, citing problems such as candidates being forcibly kept out of the nomination process, coercive withdrawals and wrongful rejection of papers.
The bench praised the report for its diligence and objectivity. Senior advocate Kapil Sibal, appearing for the Punjab government, told the court the state did not object to the commission's recommendations.
Key details of the Supreme Court order
| Point | Direction |
|---|---|
| Wards affected | 50 – Patiala MC (28), Baghapurana and Dharamkot councils (22) |
| Deadline | Entire re-election to be completed within 6 weeks |
| Monitoring committee | Retired High Court judge, to be appointed by the HC Chief Justice within one week |
| Election schedule | To be notified only after the monitoring committee is set up |
| Observers | Two or three senior High Court Bar members |
| Videography | Nominations, scrutiny, symbol allocation and polling to be recorded |
| Results | Declared only after the HC Chief Justice is satisfied the polls were free and fair |
How the re-election will be monitored
- Monitoring committee: The Chief Justice of the Punjab and Haryana High Court will appoint a retired High Court judge to oversee the entire process, from notification to results.
- Complaints route: Any candidate facing obstruction – including by officials – can complain to the committee. If the complaint has substance, the committee will report it to the High Court Chief Justice for judicial action.
- Officials on record: Before nominations begin, the Punjab government must hand over a ward-wise list of election-duty staff and a list of police officers of DSP rank and above.
- Cameras everywhere: Every key step will be videographed in the presence of observers, and the footage will be preserved for the committee.
- Final check: After polling, a report goes to the High Court Chief Justice. Only after that review will results be announced.
The court made it clear that these directions apply to the peculiar facts of this case and will not act as a precedent for future by-elections.
What it means for Punjab politics
The ruling is a setback for the AAP government in Punjab, which has faced repeated opposition charges over how the civic polls were conducted. The BJP has described the court's directions as a victory for democracy.
For voters in Patiala, Baghapurana and Dharamkot, the order means another trip to the polling booth within weeks – this time with judicial oversight at every stage. It also raises questions about decisions taken by the affected civic bodies, as the Patiala corporation had already put key meetings on hold while awaiting the court's verdict.
What happens next
The first step is the appointment of the monitoring committee by the High Court Chief Justice within a week. Once it is in place, the Punjab State Election Commission will notify the fresh schedule. The court's six-week deadline means the re-polls are likely to be wrapped up within weeks rather than months.
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