The Supreme Court of India has constituted a Fact-Finding Commission to investigate allegations of misconduct in the Punjab municipal elections. The Court appointed Justice Nirmaljit Kaur, a former judge of the Punjab and Haryana High Court, to conduct an inquiry into claims made by candidates regarding irregularities in the election process.
A bench comprising Justices Surya Kant and N Kotiswar Singh passed the order, emphasizing that the appointment of the commission should not be treated as a precedent. The Court clarified that the commission’s role is limited to examining issues in constituencies that are already under judicial consideration.
"Keeping in view the peculiar facts and circumstances, both sides have fairly agreed to deviate from the settled prescribed procedure so that a Fact-Finding Commission can be constituted limited to the sub-judice constituencies." – Supreme Court Order
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Several candidates contesting the municipal elections raised concerns about the conduct of the polls. The petitioners alleged that:
- Members of the ruling Aam Aadmi Party (AAP), along with police officials, obstructed them from submitting nomination forms.
- Physical violence, tearing of clothes, and snatching of nomination papers were used as intimidation tactics.
- Despite court orders, the nomination process was not recorded through audio-visual means.
- Elections for certain key posts, such as Mayor and Senior Deputy Mayor, were conducted with an incomplete quorum.
- Candidates prevented from filing nominations were demanding that those elected unopposed in their wards should not be allowed to take office.
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After hearing arguments from both sides, the Supreme Court noted that the case involved factual disputes that could not be resolved through writ jurisdiction. The Court also expressed concerns over the uncertainty regarding the smooth functioning of the elected municipal bodies.
"Since this batch of matters involves various disputed questions of fact that cannot be determined either by the High Court or this Court in the exercise of their respective writ jurisdictions, we have impressed upon the parties and they have fairly consented for the appointment of a former Judge of the High Court to conduct the Fact Finding Enquiry." – Supreme Court Order
Justice Nirmaljit Kaur has been assigned to conduct the inquiry on a day-to-day basis and submit a detailed report. The Punjab government has been directed to provide all necessary support, including:
- An honorarium of ₹5 lakhs per month.
- An official vehicle and full secretarial assistance.
- Office space in a government building in Chandigarh or Mohali.
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The case witnessed legal representation from several senior advocates, including:
- For Petitioners: Vivek Tankha, Narender Hooda, Jeevesh Nagrath, Shadan Farasat, Anu Chatrath, Sanjay Hegde.
- For Respondents: Punjab Advocate General Gurminder Singh, along with other senior counsels.
Case Title: SEEMA SHARMA v. STATE OF PUNJAB, SLP(C) No. 3894/2025 (and connected cases)
