Punjab and Haryana High Court Mandates Timely Decision on Online Election Nominations
The Punjab and Haryana High Court has issued a significant directive to the Punjab State Election Commission, ordering it to consider and decide on a representation seeking an optional online nomination filing system for local body and panchayati raj elections within a strict 60-day timeframe. This order came during the disposal of a Public Interest Litigation (PIL) filed by advocate Nikhil Thamman, highlighting systemic issues in the current nomination process.
Court Directs Speaking Order on Representation
A Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, in its February 6 ruling, instructed the Election Commission to pass a detailed speaking order on the petitioner's representation dated December 14, 2025, and communicate the decision to him. The court explicitly refrained from commenting on the merits of the plea, focusing instead on ensuring a timely administrative response.
Petitioner's Case: Violence Undermines Free and Fair Elections
The PIL argued that the existing physical nomination filing system for elections to gram panchayats, panchayat samitis, zila parishads, municipal corporations, and municipal councils in Punjab is plagued by recurring violence and chaos. The petitioner cited numerous instances of clashes, tearing of nomination papers, and physical obstruction of candidates at nomination centers, with such incidents often going viral on social media platforms.
These disruptions, according to the plea, create an atmosphere of fear and lawlessness at the very threshold of the democratic process, discouraging citizen participation and undermining the constitutional mandate of free and fair elections.
Historical Context and Constitutional Violations
The petition referenced earlier proceedings related to local body elections where allegations were raised about obstruction of candidates and misuse of police machinery, including claims involving the then SSP Patiala and an alleged audio recording. These developments, the petitioner contended, highlight serious concerns about intimidation and lack of neutrality during nomination processes.
The right to contest elections should not depend on physical strength or political backing, argued the petitioner, asserting that a purely physical nomination system violates multiple constitutional articles, including Articles 14 (right to equality), 19 (freedom of speech and expression), 21 (right to life and personal liberty), 243-K (elections to panchayats), and 243-ZA (elections to municipalities).
Proposed Solution: Optional Online System
Seeking systemic reform, the petitioner advocated for an optional online nomination filing facility modeled after the Election Commission of India's 'Suvidha' platform used in parliamentary and Assembly elections. This technology-driven mechanism would:
- Reduce physical interface between candidates and potential disruptors
- Minimize clashes and violence at nomination centers
- Ensure equal and safe access for all candidates regardless of political backing
- Enhance transparency and efficiency in the nomination process
Court Proceedings and Future Implications
During the hearing, the petitioner expressed satisfaction with a direction for time-bound consideration of his representation, while the state counsel assured that the representation would be examined in accordance with the law. This case underscores the growing need for electoral reforms that leverage technology to create more peaceful, intimidation-free nomination processes, particularly at the grassroots level of democracy where such issues have been most pronounced.
The High Court's intervention marks a crucial step toward modernizing election procedures in Punjab, potentially setting a precedent for other states facing similar challenges in local body elections. The Election Commission's decision, to be delivered within 60 days, will determine whether Punjab adopts digital solutions to address long-standing problems of violence and obstruction in the nomination phase of democratic exercises.
