TAKING AWAY VOTERS RIGHT NOT TO VOTE, UNCONSTITUTIONAL, IT IS IMPERATIVE TO MAINTAIN TRUST IN REPRESENTATIVE DEMOCRACY ::-- HIGH COURT.

The Punjab and Haryana High court in its decision has held that declaring a large number of candidates in Panchayat polls in Punjab as unanimously elected without even waiting for the last date of withdrawal and for polling is unconstitutional. As such declaration of certain candidates as inopportune, without going to the date of polling takes away voters right ie. not to vote for any candidate, which has been considered extremely important in democracy by the apex court in the People's union for Civil Liberties case, where in such malpractice is prima facie apparent on the record interference by the High court exercising it's powers under article 226 of the Constitution would not mean by any stretch to say that it is, calling in question an election. Such decisions taken by the returning officer acting under the SEC are open to judicial review on the well settled parameters, where in it smells of malafide or arbitrary exercise of powers, the High court observed in its order released on 10-10-2024 . According to the High court, proma facie it is an abuse of process of law in the light of fact that voting opportunity have to be provided to the voters with the option to cast vote either for the left out candidate in the contest or NOTA. A division bench of justice Sandeep Moudgil and justice Deepak Gupta, had passed these orders while hearing a bunch of pleas alleging irregularities in the Panchayat poll process, including rejection of nominations, reservation of panchayats and other reasons. The bench observed that the elections at the local participatory level act as a microcosm in the democratic structure to be ensured as a free and fair electoral process. It is imperative to maintain the legitimacy of and trust in representative democracy which warrants for issuance of an interim order and, therefore, the further process in the election in question before this court confined to the present bunch of write petitions is hereby stayed till the next date of hearing. With the above orders, the election of around 200 panchayats in Punjab was stayed till October 16 by the Punjab and Haryana High court on 10-10-2024.