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Punjab and Haryana HC hears plea against en masse rejection of 18 rural poll candidates on same ground

Senior advocate APS Deol said only AAP candidates were left in 5 blocks of Dhariwal

4 min readChandigarhUpdated: Dec 12, 2025 08:48 AM IST

Senior advocate APS Deol, representing the petitioners, all affiliated with the Congress, accused election officials of succumbing to pressure from the ruling Aam Aadmi Party (AAP) to clear the path for unopposed victories. (Express Photo)

Citing the constitutional bar under Article 243 O and the self imposed restriction followed by courts once the election process has begun, the Punjab and Haryana High Court division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry on Thursday declined to interfere in a plea challenging the “arbitrary” rejection of nomination papers of over a dozen candidates in Dhariwal block. But the court added, “..this Court expects the Election Commission to deal with the representations of the petitioners in regard to the wrongful rejection of nomination papers of petitioners.” It said, “With the aforesaid hope and expectation, this petition stands disposed of without interference on merits of the case.”

Earlier in the day, the bench heard urgent arguments in the writ petition filed by the 18 candidates ahead of the December 14 Panchayat Samiti and Zila Parishad polls. Senior advocate A P S Deol, representing the petitioners, all affiliated with a Congress, accused election officials of succumbing to pressure from the ruling Aam Aadmi Party to clear the path for unopposed election.
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The petitioners, including Atithpal Singh, Sucha Singh and others from villages across the block, had sought a direction to the State Election Commissioner to decide their representation at the earliest.

Deol highlighted the alleged wholesale rejection of nominations on the same ground, “illegal occupancy of village common land”, despite no prior notices of encroachment and despite No Objection Certificates issued by the Block Development and Panchayat Officer certifying eligibility. He said the Returning Officer Resham Singh and Assistant RO Karamjit Singh flouted mandatory provisions under Section 41 of the Punjab State Election Commission Act, 1994 and Rule 11 of the Punjab Panchayat Election Rules, 1994 by issuing “cyclostyled” one line orders without hearings, inquiries or reasons.

“This is not a rejection; it is a rejection factory,” Deol argued. “Eighteen candidates, all from one party, contesting on a common symbol, submitted complete papers with checklists and NOCs. The same BDPO who issued the NOCs a day earlier suddenly flips, citing letters from his own office claiming ‘illegal possession’. No khasra numbers, no documents, no opportunity, just a proforma stamp to obliterate opposition.”

In Dhariwal alone, Deol said that of 76 nominations across seven blocks, 25, over 30 percent, were rejected on identical grounds, leaving five blocks with single AAP candidates for unopposed wins. “What election is this? Please nip this misadventure in the bud.”

The petition, filed on December 8 under Articles 226 and 227, alleges that officials acted under a “pre conceived plan” of a ruling party functionary. A joint representation submitted on December 6 sought “stern departmental and criminal action” against the RO, Assistant RO and BDPO Kuljinder Singh for “tampering with nominations” and “slaughtering democracy at the grassroot level”.

Pointing out that the State Election Commissioner had not acted on their December 6 representation, Deol said election petitions filed post poll take years. “I have not seen a single one decided in five years.”

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The bench repeatedly pointed to the constitutional bar that restricts judicial interference in electoral processes to post poll petitions. “There is a reason courts keep hands off, otherwise elections would never end,” Chief Justice Nagu observed while asking: “Is there an enabling provision for the State Election Commission to inquire? It has to operate within the four corners of the statute. You are not challenging the election; you are seeking pre poll relief. But Article 226 is not a parallel track unless it is a rarest of rare case of flagrant abuse.”

Deol countered. “Once in the fray, the right to contest is statutory, but arbitrary ouster violates Article 21. This is not isolated; it is systemic. In the 2024 Gram Panchayat polls, 187 writs exposed mass rejections; the court stayed processes despite state objections.”

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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