WILFUL NON-COMPLIANCE OF ORDERS
Subhash Jindal/Chandigarh
The Punjab and Haryana High Court has issued Notice of Motion in a Contempt Petition bearing COCP-2423-2026, seeking initiation of contempt proceedings against the State Election Commissioner, Punjab, Sh. Raj Kumar Chaudhuri, IAS (Retd.), for alleged wilful disobedience and non-compliance of the directions issued by the Hon’ble High Court in CWP-PIL-24-2026.
The contempt petition was filed by Petitioner in Person, Advocate Nikhil Thamman, practicing at the Punjab & Haryana High Court. The petition alleges failure on the part of the respondent to comply with the directions of the Hon’ble Court regarding consideration of the petitioner’s representation seeking implementation of an optional online nomination filing system in elections of Municipal Corporations, Municipal Councils and Panchayati Raj Institutions in the State of Punjab.
The earlier Public Interest Litigation was filed purely in public interest to address recurring incidents of violence, clashes, tearing of nomination papers, physical obstruction of candidates and chaotic situations witnessed during the filing of nomination papers in local body elections across the State of Punjab.
The matter was listed today before Hon’ble Mr. Justice Vikas Bahl. After hearing Petitioner in Person, Advocate Nikhil Thamman, the Hon’ble High Court was pleased to issue Notice of Motion to the respondent-State Election Commissioner, Punjab, returnable on 27.05.2026, seeking a response as to why contempt proceedings should not be initiated against him for alleged non-compliance of the earlier directions passed by the Hon’ble Court.
It is pertinent to mention that in the earlier Public Interest Litigation bearing CWP-PIL-24-2026, the Division Bench comprising Hon’ble Mr. Justice Sheel Nagu, Chief Justice, and Hon’ble Mr. Justice Sanjiv Berry, vide order dated 06.02.2026, had directed the Punjab State Election Commission to consider and decide the representation dated 14.12.2025 submitted by Petitioner in Person, Advocate Nikhil Thamman, by passing a speaking order within a period of 60 days and to communicate the same to the petitioner.
The original PIL highlighted repeated incidents of violence, intimidation and disruption during nomination processes in local body elections and sought introduction of an optional online nomination filing mechanism, similar to the “Suvidha” platform adopted by the Election Commission of India for Parliamentary and Assembly elections, with the objective of ensuring peaceful, fair, transparent and intimidation-free democratic participation at the grassroots level.
Petitioner in Person, Advocate Nikhil Thamman, submitted before the Hon’ble Court that despite clear and categorical directions issued by the Hon’ble High Court, the respondent had allegedly failed to comply with the mandate of the Court within the stipulated period, thereby compelling the petitioner to invoke the contempt jurisdiction of the Hon’ble Punjab and Haryana High Court.
