HC asks Punjab poll panel to decide on optional online paper filing in 60 days

Chandigarh: The Punjab and Haryana high court has directed the Punjab state election commission (SEC) to decide within 60 days on a representation seeking the implementation of an optional online nomination filing system for future elections to municipal corporations (MCs), municipal councils, and panchayati raj institutions (PRIs).A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the orders while hearing a public interest litigation (PIL) filed by advocate Nikhil Thamman, who appeared as petitioner-in-person.
The petitioner sought time-bound directions to the SEC to introduce an optional online mechanism for filing nomination papers in local body elections. The petitioner contended that repeated incidents of violence and chaos during the physical filing of nomination papers affected the sanctity of the democratic process at the grassroots.The HC was informed that during elections to gram panchayats, panchayat samitis, zila parishads, MC and municipal councils, videos frequently surfaced on social media showing nomination papers being allegedly torn, candidates being chased, groups attempting to snatch documents, and scuffles outside designated nomination centres. Such incidents, it was argued, created an atmosphere of fear and lawlessness at the very threshold of elections.The plea also referred to recently held panchayat elections, where allegations of obstruction during the nomination stage were raised. The court was informed that in those proceedings, allegations surfaced regarding the involvement of the then senior superintendent of police (SSP), Patiala, and an audio recording allegedly containing directions to restrain certain candidates from reaching nomination centres.Arguing that the continued reliance on a purely physical nomination system, despite recurring incidents of violence and obstruction, was inconsistent with the constitutional mandate of free and fair elections, the petitioner invoked Articles 14, 19, 21, 243-K and 243-ZA of the Constitution. He submitted the right to contest elections should not be dependent on physical strength, political backing or the ability to withstand intimidation at govt offices.The petitioner proposed adoption of an optional online nomination filing system on the lines of the ‘Suvidha' platform used by the Election Commission of India for parliamentary and assembly elections. Such a system, it was argued, would reduce physical interface, minimise the possibility of clashes and manhandling, prevent alleged tearing or snatching of nomination papers, and ensure safer and more equal access for eligible candidates.After hearing the matter, the HC asked the SEC to pass a speaking order within 60 days on the issue and communicate its decision to the petitioner.