In a significant move to streamline the electoral process, the Punjab State Election Commission (SEC) has directed its district officials to accept affidavits from candidates in place of mandatory no-objection and no-dues certificates for the upcoming zila parishad and block samiti elections. This decision aims to remove bureaucratic hurdles that potential contestants often face while filing their nomination papers.
Directive to Deputy Commissioners
The commission issued a formal letter on Monday, which is now available on its official website, instructing all deputy commissioners who also serve as district election officers across the state. The directive mandates that they must accept sworn affidavits from candidates who are unable to obtain the traditional No Objection Certificates (NOCs) and No Due Certificates (NDCs) from local civic bodies.
In these affidavits, the candidates must declare clearly that they do not owe any outstanding taxes or other dues to the concerned local authority. This step effectively bypasses a long-standing requirement that many argued was being misused to create obstacles for nominees.
Background and Political Context
The SEC's order references its earlier communication from September 26, 2024, issued during the panchayat elections. The commission has now ruled that the instructions from that letter will also apply to the forthcoming general elections for zila parishads and panchayat samitis.
This intervention comes in the wake of allegations made by Punjab Congress chief Amrinder Singh Raja Warring. Warring had publicly claimed that candidates from his party were being deliberately denied the necessary NOCs, preventing them from contesting. The SEC's new directive appears to be a direct response to these concerns, ensuring a more level playing field.
Legal Basis and Procedure
The commission's 2024 letter pointed out a critical legal gap. It noted that while local authorities issue these certificates based on their own guidelines, there is no provision in the Punjab State Election Commission Act, 1994, or its associated rules that mandates candidates to obtain such NOCs or NDCs. The requirement was an administrative add-on, not a statutory one.
The SEC has now established a clear procedure. If a candidate, despite genuine effort, cannot secure the required certificate from the concerned authority, they can submit an affidavit. This affidavit must state unequivocally that the candidate is not in arrears of any tax or dues and is not in unauthorized occupation of any property belonging to a local authority, as defined under Section 11 of the Punjab State Election Commission Act, 1994.
The Returning Officer is instructed to accept such nomination papers immediately. The officer will then forward the affidavit to the relevant local authority, directing it to send a verification report within a strict deadline of 24 hours. Crucially, if the authority fails to respond within this timeframe, it will be presumed that the candidate is not a defaulter or an unauthorized occupant.
This reform is expected to expedite the nomination process significantly and reduce pre-election litigation, allowing candidates to focus on campaigning rather than bureaucratic paperwork.
