Jaipur: The Rajasthan High Court on Monday declined to intervene in the ongoing Tijara Municipal Council Chairperson election, holding that it was for the State Election Commission to decide whether the election should proceed amid allegations that 18 councillors had allegedly been detained in Haryana.
Justice Anoop Kumar Dhand directed the Additional District Magistrate (ADM), Bhiwadi, to submit a detailed report on the situation to the State Election Commission by 1:30 PM.
The Commission was then to consider the report and prevailing circumstances and take a decision regarding the conduct of the election.
The matter reached the High Court after Ram Avtar Saini, an elected councillor from Ward No. 33 and a candidate for the Chairperson post, along with others, alleged that 18 councillors returning from Himachal Pradesh to Rajasthan had been stopped in Haryana and were being prevented from reaching Tijara to participate in the election.
HC Declines to Stop Election Process
During the hearing, the petitioners sought immediate intervention, claiming that the councillors could be deprived of their opportunity to vote.
They sought directions for the councillors to be brought back safely to Tijara and allowed to participate in the election freely. They also sought postponement of the election until all the concerned councillors were available to vote.
The High Court, however, observed that the court could not stop the election process and left the decision to the State Election Commission.
The court directed that the factual position be placed before the Commission through an official report, following which the Commission would decide whether the election should be held.
ADM Asked to Report Before 1:30 PM
The court directed the ADM, Bhiwadi, to submit a report to the State Election Commission before 1:30 PM covering the circumstances surrounding the alleged detention of the councillors and the situation on the ground.
The Commission will consider the report before taking a decision on the election.
18 Councillors Allegedly Stopped Near Panchkula
The petition, filed through advocate Puneet Singhania, alleged that around 18 elected councillors, who were returning to Rajasthan from Himachal Pradesh, had been stopped at a location near Panchkula in Haryana.
According to the petition, the alleged detention prevented the councillors from attending the meeting scheduled for voting in the Tijara Municipal Council Chairperson election.
The petitioner claimed that seven women councillors were among those allegedly stopped.
The petition further stated that some councillors had appeared in live social-media videos, claiming that they were being kept at an unidentified location and were not free to leave. These recordings were also referred to before the High Court.
Complaint Lodged at 4:30 AM
The petition stated that Ram Avtar Saini submitted a written complaint to the Station House Officer of Tijara Police Station at around 4:30 AM on September 21.
The complaint sought the release of the allegedly detained councillors, registration of an FIR and permission for them to participate in the Chairperson election.
It was alleged that no FIR was registered immediately and that no effective action was taken despite the complaint.
Petition seeks Election Postponement
The petitioners had urged the High Court to ensure that the councillors were safely brought back to Tijara and allowed to vote independently.
They also sought postponement of the Chairperson election until all the concerned councillors were available for voting.
Seeks Independent Observer by Commission
Additionally, the petition sought the appointment of an independent observer by the State Election Commission and videography of the election proceedings.
Baba Balaknath, Rival Candidate Among Respondents
Tijara MLA Baba Balaknath and rival Chairperson candidate Subhash Saini were among the respondents. The State Government, Home Department, Local Self Government Department, State Election Commission, DGP, District Collector of Khairthal-Tijara, police officials and the Election Officer were also impleaded.
SEC to Decide Fate of Tijara Election
With the High Court declining to stop the election process, the immediate decision now rests with the State Election Commission.
The ADM, Bhiwadi, was directed to submit the report by 1:30 PM, after which the Commission will consider the reported circumstances and decide whether the Tijara Municipal Council Chairperson election should proceed.