Apply directives in spite of election law, the High Court instructs Punjab, UT, Haryana, and

The Punjab and Haryana High Court has ordered Punjab, Haryana, and the UT to abide by its directives, making it clear that the code of conduct cannot be allowed to impede the execution of its rulings.

The Bench also clarified that the authorities in question were authorized and obligated by law to carry out the directives, hence, their approval or involvement was not necessary. “Unless the orders passed by the high court are actually and specifically stayed by some appellate court,” the Bench declared, “the States of Punjab and Haryana, as well as Union Territory Chandigarh, shall comply with the orders passed by the high court, irrespective of the enforcement of the model code of conduct on account of Lok Sabha elections or any other election.”

A copy of the ruling should also be sent to the UT Administrator and Chief Secretaries for “knowledge and necessary compliance, and also for onward communication of this order to all the departments under them,” according to Justice Rajbir Sehrawat’s directive.

Judge Sehrawat was considering a contempt of court petition that Naresh Kumar, via attorney Rajat Mor, had filed in a service case against the HSSC Secretary and another respondent. Orders appointing the petitioner have been issued, the State lawyer informed the Bench. However, the real position “could not be granted due to the widely used model code of conduct.”

Judge Sehrawat deemed the justification “unnecessary” and said that there was no provision in the statute requiring the appointment to be held pending in accordance with the court’s direction.

He continued by saying that the court had seen many instances in which the two States and the UT had maintained that the widespread application of the code made it impossible to comply with the court directives.