The Punjab and Haryana High Court directed the Chandigarh administration to explore the possibility of rescheduling the mayoral polls while considering a petition challenging the decision to postpone the elections to February 6.
A division bench, comprising Justices Sudhir Singh and Harsh Bunger, also issued notices to the Union Territory administration, Chandigarh Municipal Corporation, and police, instructing them to submit their replies by January 23.
The matter came up for hearing on the petition filed by AAP councillor Kuldeep Kumar, challenging the UT administration’s order to delay the mayoral polls to February 6. Advocate Ferry Sofat, one of the counsels for the petitioner, stated that during the hearing, the court urged the Chandigarh administration to contemplate rescheduling the polls.
The court verbally suggested that the UT administration propose a new date for conducting the mayoral polls between January 23 and January 26, as per Sofat. Sofat added that when the Chandigarh administration’s counsel cited law and order concerns for postponing the polls, the court recommended involving a central agency if the Chandigarh police were unable to manage the law and order for the mayoral polls.
During the proceedings, the court was informed about city events, including the consecration ceremony at the Ram Temple in Ayodhya on January 22, and subsequent Republic Day celebrations, affecting the availability of police personnel. The petitioner’s counsel argued that the Chandigarh Deputy Commissioner lacked the authority to postpone the polls. Senior advocate Chetan Mittal, representing the Municipal Corporation, countered, asserting that the DC, as the prescribed authority, possessed the power to defer the elections. Petitioner Kumar, a mayoral candidate, sought the setting aside of the January 18 order by the DC and urged for immediate elections.
Earlier, the AAP moved the high court after the Chandigarh mayoral polls were suddenly postponed, with the reason cited being the illness of the presiding officer. During Thursday’s hearing, the Chandigarh administration’s counsel informed the high court that February 6 had been designated as the new date for the mayoral polls after evaluating the law and order situation. The petitioner also sought the annulment of the municipal corporation authorities’ order restricting the entry of councillors in the MC premises, emphasizing the need for fair and free mayoral polls. The mayoral polls, initially scheduled for Thursday, were deferred indefinitely after presiding officer Anil Masih fell ill. The Congress and the AAP, forming an alliance for the mayoral polls, criticized the BJP, alleging that it deferred the elections fearing an imminent defeat.
