Punjab municipal polls on May 26: High Court upholds ballot paper switch
Synopsis
Key Takeaways
The Punjab and Haryana High Court on Friday, 22 May dismissed a public interest litigation challenging the Punjab State Election Commission's decision to conduct the May 26 municipal elections using ballot papers instead of electronic voting machines (EVMs). The ruling clears the path for polling across eight municipal corporations, 102 municipal councils, and nagar panchayats to proceed as scheduled, with manual ballot counting set for May 29.
What the Court Ruled
A Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry rejected the petition, noting that the election programme had already been published on May 13 and had progressed to an advanced stage — the last date for withdrawal of candidatures was May 19. 'It is now too late for us to pass any orders or issue any writ since the election programme was published as early as May 13,' the Bench held.
What the Petitioner Argued
The PIL contended that the shift from EVM-VVPAT to ballot papers was made abruptly through an administrative communication, without any statutory amendment, legislative sanction, or public consultation. The petition alleged the move undermined the constitutional mandate of free, fair, transparent, and credible elections, and violated Articles 14, 19(1)(a), 21 and 243ZA of the Constitution.
The Commission's Defence
Advocate General Maninderjit Singh Bedi argued that under Article 243ZA, the State Election Commission alone holds authority over municipal polls — the Election Commission of India (ECI) has no jurisdiction in such elections. The Commission further contended that even if EVMs were made available, 15 to 18 days would be required for deployment-related processes, making EVM-based polling impracticable with less than a week remaining.
A Disputed Timeline
During the hearing, the Election Commission pushed back against the state government's claim that 15 days were needed for EVM training and preparations, asserting that only 15 minutes were sufficient for the election process. The Commission also informed the Bench that EVMs requisitioned for the polls were already 'in transit' from Rajasthan to Punjab, and that commissioning could be completed in 'just one day' — a claim that sharply contradicted the state's position.
Constituencies Going to the Polls
On May 26, voters across Punjab will elect representatives to eight municipal corporations — Abohar, Barnala, Batala, Bathinda, Kapurthala, Moga, Pathankot, and Mohali — along with 102 municipal councils and nagar panchayats. The results, tallied manually, are expected on May 29. This election marks a notable departure from the EVM-based model that has been standard in Indian elections for over two decades, and the outcome is likely to inform future debates on ballot paper use in local body polls.