Introduction:

In Palwinder Singh v. State of Punjab & Others, the Punjab and Haryana High Court ruled that breaking a tie in Punjab Panchayat Elections by tossing a coin violates the Punjab Panchayat Election Rules. Justice Sureshwar Thakur and Justice Sudeepti Sharma emphasized that the proper method is drawing lots, as per the rules. The case involved a challenge to the sarpanch election results of Village Pandori Takhtmal, where the petitioner alleged irregularities after being initially declared the winner by a two-vote margin. The returning officer overturned the result by conducting a coin toss, declaring the opposing candidate, Gurjinder Singh, as the winner. While recognizing procedural violations, the High Court dismissed the petition, asserting that only an election tribunal could invalidate election results.

Arguments of the Petitioner:

The petitioner, represented by Advocate Atinderpal Singh, contended that he was unlawfully deprived of his victory in the Panchayat elections. He claimed that after being declared the winner with 247 out of 540 votes, his opponent, Gurjinder Singh, in collusion with a ruling party MLA, forcibly altered the result by manipulating the vote count and capturing votes. The petitioner argued that the returning officer acted in contravention of the Punjab Panchayat Election Rules by resolving the purported tie through a coin toss instead of the prescribed method of drawing lots. He asserted that such an action was arbitrary, illegal, and violated the principles of fair electoral practices.

Arguments of the Respondents:

Senior Deputy Advocate General Maninder Singh, representing the State, argued that the writ petition was premature and not maintainable. The respondents contended that any grievances regarding election results must be addressed through an election petition before the election tribunal, as provided under the law. The State defended the returning officer’s actions, emphasizing that procedural errors, if any, could only be scrutinized by the election tribunal. They further submitted that the High Court lacks jurisdiction to adjudicate election disputes directly and cannot function as an election tribunal in such cases.

Court’s Judgment:

The Punjab and Haryana High Court upheld the petitioner’s claim that resolving a tie through a coin toss was against the Punjab Panchayat Election Rules. The bench referred to the rules, which mandate the use of a draw of lots to decide ties in election results. Justice Sureshwar Thakur and Justice Sudeepti Sharma observed that the returning officer’s action was a clear misstep, violating the procedure prescribed under the law. The Court clarified that such procedural violations undermine the sanctity of electoral processes.

However, the Court refused to interfere with the election results, stating that it does not have the jurisdiction to function as an election tribunal. It emphasized that election disputes must be resolved through alternative remedies, specifically by filing an election petition before the designated tribunal. The bench noted that the writ petition was premature since the petitioner had not yet exhausted the statutory remedy available under the election laws. The Court concluded that only the election tribunal could declare the election result void after examining all factual contentions and procedural violations.

While dismissing the plea, the bench highlighted the importance of adhering to election rules to maintain public confidence in democratic processes. It stressed that election officials must strictly comply with the prescribed procedures to ensure fairness and transparency. The petitioner was advised to approach the election tribunal for appropriate relief.