CWP/21186/2026 of POOJA WADHWA ALIAS POOJA RANI AND OTHERS Vs STATE OF PUNJAB AND OTHERS on 15 July 2026

1. Through the present petition, 28 newly elected corporators of Municipal Corporation, Abohar (for short, MC Abohar), seek issuance of a direction to the State to expeditiously conduct and conclude, in a free and fair manner, elections to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar.

2. Learned senior counsel for the petitioners submits that on 29.05.2026, 50 corporators of MC, Abohar were elected and 28 out of them have knocked the doors of this Court through the instant petition; election of all the newly elected corporators was notified by the State Government on 05.06.2026; as per Section 38 of the Punjab Municipal Corporation Act, 1976 (for short, the Act) election of the Mayor, Senior Deputy Mayor and Deputy Mayor, out of the newly elected corporators, is required to be conducted through a meeting to be convened by the Divisional Commissioner within one month from the date on which election of the newly elected corporators is notified under Section 17 of document Punjab and haryana high court, chandigarh the Act; accordingly, on 04.07.2026, a notice was issued by Divisional Commissioner, Ferozepur Division, Ferozepur (for short, the Commissioner), for convening a meeting on 07.07.2026, for conducting elections to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar; on 07.07.2026 the meeting was postponed by the State authorities to 10.07.2026 due to “unforeseen circumstances” which “unforeseen circumstances” have not seen the light of the day; on 10.07.2026 all newly elected corporators were present at the venue of the meeting and as a token of their presence, they even signed the log book; however, though the petitioners were in majority and petitioners No. 1, 23 and 24 should have been declared Mayor, Senior Deputy Mayor and Deputy Mayor respectively but the convener of the meeting, in a highly undemocratic manner, did not do so and the aforesaid meeting was further postponed; later, some other corporators belonging to the ruling party started celebrating though they did not have majority; the petitioners then staged a walk-out and peacefully protested; later, on the official twitter handle of the ruling party it was declared that all top posts of MC, Abohar had been secured by the ruling party though on 10.07.2026, at 9 p.m., Naib Tehsildar, Abohar formally announced that the elections to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar had been indefinitely deferred and that the afore circumstances as also the delay to convene and conclude the meeting, as above, clearly demonstrate that the State machinery is being abused to encourage horse trading as the petitioners are presently in majority and that the petitioners, even today, apprehend that they shall be involved in false criminal cases to prevent them from exercising their franchise.

3. Learned State counsel, who appears on advance notice, vehemently denies the case set up by the petitioners with regard to any arbitrary reason document Punjab and haryana high court, chandigarh behind postponement of elections to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar and submits that the meeting was postponed for the first time on account of certain administrative reasons; on 10.07.2026 it is the petitioners who created ruckus both inside and outside the venue where the election was to take place as a result whereof the petitioners prevented the Deputy Commissioner, Abohar and the Commissioner from discharging their duties by stopping their official car; it is on account of the petitioners’ unruly behavior/obstructions that on 10.07.2026, elections were postponed and that as per SSP, Fazilka, it is difficult to inform this Court, at such a short notice, if there was any criminal case pending against the petitioners.

4. The afore submissions made by the learned State counsel are denied by the learned senior counsel appearing for the petitioners, who specifically asserts that on 10.07.2026, in and outside the venue of the meeting, as above, there was no unruly behavior by the petitioners and that all that the petitioners seek, then and now, is free and fair elections at the earliest to prevent horse trading.

5. In spite of the above objections taken on behalf of the State, learned State counsel submits that he has express instructions to state that the State shall convene the meeting, within a week from today, for electing Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar and to ensure that the afore elections are held in a fair manner, the entire meeting and the venue from outside, from all possible angles, shall be got videographed, which videography shall include the process of voting by the members by raising of their hands; the CCTV/videographed material, alongwith copies of the written proceedings, of such meeting shall be preserved under the care and custody of Deputy Commissioner, Fazilka for a period of six months; adequate security, if so document Punjab and haryana high court, chandigarh required, shall also be made available where the afore meeting/elections shall take place and that to ensure fairness in the conduct of the afore meeting, the State also has no objection to the appointment of an independent observer.

6. In the light of the afore stand taken by the State before us, we refrain from commenting on merits of the conflicting stands of the parties, as noted above.

7. 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.

8. Mr. Sandeep Goyal, Senior Advocate, is appointed as an Observer, who shall be present during the course of the entire meeting to be convened for electing Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar.

9. The appointed Observer shall be at liberty to take photographs/video of the proceedings both inside and outside the venue.

10. The report of the Observer with photographs/video, if any, shall be filed before this Court in a sealed cover to be kept in the safe custody of Registrar (Judicial) of this Court for a period of six months.

11. The Commissioner is directed to give at least 48 hours notice to the appointed Observer with regard to the date and time when the meeting shall be convened to elect Mayor, Senior Deputy Mayor and Deputy Mayor of MC, Abohar. Such information shall be sent to the appointed Observer through e- mail, WhatsApp and a letter to be served dasti. Details with regard to his e-mail, WhatsApp and address shall forthwith be shared by Mr. Sandeep Goyal with Mr. Jastej Singh, Addl. A. G., Punjab.

12. At least three hours before the meeting, as above, is to be convened, the appointed Observer shall reach the office of the Deputy Commissioner, document Punjab and haryana high court, chandigarh

Fazilka, who is directed to ensure that the appointed Observer securely reaches the venue of the meeting well in time and that the appointed Observer is also securely brought back to the office of the Deputy Commissioner, Fazilka after the meeting concludes.

13. As agreed by learned counsel for the petitioners, fee in advance @ Rs. 2 lakhs shall be paid by the petitioners to the appointed Observer. Such payment shall include all out-of-pocket expenses which may be incurred by the appointed Observer.

14. The State authorities shall ensure the safety and security of the Observer.

15. A copy of this order be supplied to Mr. Sandeep Goyal, Senior Advocate.

16. The petition is disposed of in the above terms.

[DEEPAK SIBAL]

JUDGE

15.07.2026

[RUPINDERJIT CHAHAL] shamsher

JUDGE

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No document Punjab and haryana high court, chandigarh