State Election Commissioner post lying vacant for 11 months, Ambala Advocate sends legal notice to Punjab Govt
Babushahi Bureau
Chandigarh, November 21, 2022: Hemant Kumar, an Ambala based Advocate has sent a legal notice to Punjab Government againts the post of State Election Commissioner (SEC) that has been lying vacant for past 11 months.
Kumar is who an advocate in Punjab and Haryana High Court sent the legal notice to the state government for making expeditious appointment of SEC, Punjab,
"It was the duty of the then Charanjit Singh Channi led goverment which was in power in the State of Punjab during Dec, 2021 to appoint a successor to previous incumbent Jagpal Singh Sandhu, however it did not. Pertinent that the Model Code of Conduct was also imposed in the State of Punjab with effect from Jan 8, 2022 with the announcement of Poll Schedule for General Elections to 16th Punjab Legislative Assembly by Election Commission of India. Furthermore, the current Bhagwant Mann led Government which assumed reins of power in the State of Punjab with effect from March 16, 2022 has also not done the needful i.e. has not appointed the SEC, Punjab in the over eight months of its tenure till date.," said Hemant Kumar.
Hemant mentioned that since the SEC is a constitutional post, hence it ought not to be kept vacant for such a long period.
"It also amounts to violation of constitutional provisions by the State Government of Punjab," he added.
Advocate said that in the event of any further inordinate delay, he would be compelled to file an appropriate Writ Petition/Public Interest Litigation before the Punjab and Haryana High Court in this regard.
Pertinent to mention that till date six retired IAS Officers viz. S/Sh. Manmohan Singh, CD Cheema, CL Bains, AK Dubey, SS Brar and Jagpal Singh Sandhu have been appointed as SEC, Punjab from time to time. However, close to a year has passed since previous incumbent Jagpal Singh Sandhu completed his tenure of 5 years as SEC, Punjab in the month of Dec, 2021,
The Advocate asserted that as per Section 4 of Punjab State Election Commission Act, 1994, the Governor (of State of Punjab) shall, by notification in the Official Gazette, appoint an officer of the State Government not below the age of 55 years and of the rank of Financial Commissioner, or the Principal Secretary to the State Government having service as such for a minimum period of two years or a serving or retired Judge of the High Court as (State) Election Commissioner.