The Punjab and Haryana High Court has recently addressed challenges in serving legal notice to Amritpal Singh, the incumbent Member of Parliament (MP) from Khadoor Sahib constituency in Punjab, who is currently detained under the National Security Act (NSA) in Dibrugarh Central Jail, Assam. Despite multiple attempts, the notice pertaining to an election petition challenging his parliamentary election has not been successfully served. Consequently, the High Court has sought the assistance of the Registrar General of the Gauhati High Court to facilitate the service of this notice.
Amritpal Singh, leader of the organization "Waris Punjab De," was arrested in April 2023 and subsequently detained under the NSA. Despite his incarceration, he contested the Lok Sabha elections held on June 1, 2024, and emerged victorious from the Khadoor Sahib constituency, with the results declared on June 4, 2024. His election, however, has been contested by Vikramjit Singh, an independent candidate from Mohali district, who filed a petition alleging various electoral malpractices.
The petitioner, Vikramjit Singh, has accused Amritpal Singh of concealing critical information in the affidavit submitted with his nomination papers. Specific allegations include violations of election expenditure rules, such as the failure to disclose expenses related to voter slips, public meetings, vehicles, social media promotions, and instances of paid news. Moreover, the petition asserts that Amritpal Singh engaged in corrupt practices by seeking votes on religious grounds and utilizing religious venues for campaign purposes. It is also alleged that his campaign was managed by his family and associates while he was detained, with activities such as releasing the election manifesto from a gurdwara and conducting meetings in various religious places where slogans were raised in his favor. These actions are claimed to violate the provisions of the Representation of the People Act, thereby rendering his election liable to be annulled.
The Punjab and Haryana High Court, upon reviewing the petition, issued a notice to Amritpal Singh on September 13, 2024. However, serving this notice has proven challenging due to his detention in Dibrugarh Central Jail. Despite repeated efforts to serve the notice through the Jail Superintendent, these attempts have been unsuccessful. Acknowledging these difficulties, Justice Anil Kshetarpal has requested the Registrar General of the Gauhati High Court to facilitate the service of the notice to ensure that the legal proceedings can move forward appropriately.
This development underscores the complexities involved in legal processes when an elected representative is under detention. The allegations against Amritpal Singh are serious, involving potential misuse of religious platforms for electoral gain and non-compliance with election expenditure regulations. The court's intervention to seek assistance from the Gauhati High Court aims to overcome procedural hurdles and ensure that due process is followed in addressing the election petition.
The outcome of this case holds significant implications, not only for the parties directly involved but also for the broader electoral and legal landscape. It brings to the forefront issues related to the integrity of electoral processes, the permissible scope of campaign activities, and the challenges of administering justice when individuals are detained under stringent laws like the NSA. As the case progresses, it will be closely watched for its impact on election laws and the conduct of political campaigns in India.
In conclusion, the Punjab and Haryana High Court's directive to the Registrar General of the Gauhati High Court reflects a concerted effort to ensure that legal notices are duly served, even in challenging circumstances. This step is crucial for upholding the principles of justice and ensuring that allegations of electoral misconduct are thoroughly examined and adjudicated in accordance with the law.
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