Jaipur: Rajasthan High Court Monday directed authorities not to take coercive action, including arrest, against a candidate contesting the chairperson election of Kekri Municipal Board in Ajmer district till the next date of hearing.A single-judge bench of Justice Anoop Kumar Dhand passed the interim order on a petition filed by Anil Mittal, an elected member from Ward 17 and chairperson candidate. Mittal claimed police had been deployed outside his residence and that his arrest could prevent him from participating in the election.The petition was heard urgently despite Monday being a public holiday on account of Baba Ramdev Jayanti. The court observed that courts could function on holidays when necessary to protect citizens’ fundamental and legal rights.Mittal sought directions to ensure that the election was not postponed, he was not disqualified from contesting and no coercive action was taken against him. He also sought security for the 40 councillors participating in the election.Senior advocate RP Singh said a ward member had complained that Mittal was offering gratification to councillors and sought his arrest and disqualification.Advocate General Rajendra Prasad, appearing for the state, opposed the petition, terming it “premature and based on apprehension”. He submitted that no material established that an FIR had been registered or coercive action was imminent.Prasad also argued that once the election process had commenced, courts should not interfere with its schedule, relying on Supreme Court judgments, including N P Ponnuswami and Mohinder Singh Gill.Justice Dhand noted that a complaint had been filed against Mittal, including allegations of offering gratification, but no FIR had been placed on record. The court said the returning officer was free to act on the complaint in accordance with law.While declining to interfere with the election schedule, the court granted interim protection to Mittal, noting that polling was scheduled from 10 am to 2 pm.The court will hear the matter next on Oct 7 and has directed the state to file its reply.
