New Delhi: A three-judge bench led by the Chief Justice of India D Y Chandrachud Tuesday said that staying an election is a grave thing and, in a democracy, elections are valued, while refusing to interfere with Punjab's panchayat polls underway today (Oct. 15).
A counsel requested the bench, also comprising Justices J B Pardiwala and Manoj Misra, to urgently list a matter in connection with the alleged irregularities in the Punjab gram panchayat election. The counsel requested the apex court to stay an order passed by the Punjab and Haryana High Court, a day ago.
The petitioners have moved the apex court challenging the high court order, which cleared the way for the panchayat election in Punjab by dismissing a bunch of petitions alleging irregularities in the nomination process. Currently, the polling for gram panchayats is underway in Punjab.
During the hearing, the CJI said: "If polling has started today how can the court intervene?" The counsel insisted on a stay on the high court order. However, the CJI said the high court had realised the gravity of the matter and vacated the stay on the elections. The bench made it clear to the counsel that it is not keen to stay the high court order now.
The CJI said the polling is underway now, and if the court were to stay the election then it would result in chaos and stressed that staying an election is a "grave thing". The counsel requested the court to urgently list the matter and reiterated that staying the high court order is important.
The bench said it will list the matter for hearing, but it will not stay the election. The counsel, requesting a stay, insisted that it was an "unusual situation". The CJI replied that "this is a democracy and we value elections, you have remedies in election petitions...We will not stay, least of all when elections have begun”. "Once the polling is open do you realize the gravity of what you are asking”, the CJI told the counsel.
The CJI said: “Tomorrow somebody will say stay a parliamentary election or a state legislative election after polling is open, can you imagine the consequences?” Another counsel cited the order passed by the apex court in the Chandigarh mayoral election matter. The bench said it will list the matter for hearing but made it clear that it will not pass an interim order now.
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