Rajasthan HC Holds Special Sunday Hearings Till Midnight, Grants Arrest Relief To Civic Poll Candidates

Jaipur: The Rajasthan High Court held special hearings late on Sunday, extending beyond midnight, and granted interim relief in several cases involving councillors and candidates who apprehended arrest ahead of elections for urban local body chairpersons in the state.

With chairperson elections scheduled for Monday, candidates and newly elected councillors from at least six urban bodies approached the High Court, alleging that they could be subjected to police or Anti-Corruption Bureau (ACB) action or face sudden criminal cases before voting. They expressed apprehension that arrests or detention could prevent them from participating in the electoral process.

Acting on the directions of Chief Justice Dr. Sanjay Kumar Agrawal, special benches were constituted on Sunday, a court holiday, to hear the petitions. The proceedings began in the afternoon and continued late into the night, with relief being granted in several cases.

The first order was passed in the afternoon, with the court staying the arrest of Kuchera chairperson candidate Tejpal Mirdha. different single benches subsequently heard five other matters.

In one case, Hanumangarh Municipal Council councillor Manju told the court that she feared being targeted due to political rivalry and prevented from voting. Justice Kuldeep Mathur directed that no coercive action be taken against her without following the prescribed legal procedure. The court also issued notices to the state government, police authorities, and the district election officer, seeking their response within a week.

Nine other newly elected councillors from Hanumangarh also approached the court, apprehending arrest ahead of the chairperson's election. Justice Nupur Bhati's bench granted them a stay on arrest.

In another case, Bikaner UIT's former chairman and elected councillor, Maqsood Ahmed, was summoned for questioning on Monday in connection with an SC/ST Act case. Represented by advocate Sachin Acharya, Ahmed approached the court apprehending arrest. The court granted him interim relief.

In Sri Vijaynagar, chairperson candidate Sushil Middha, alias Bittu Middha, faced proceedings under provisions of the Bharatiya Nyaya Sanhita (BNS) and the SC/ST Act after a case was registered against him the day after the civic election results were announced. The government opposed his petition, terming the allegations serious. However, Justice Sunil Beniwal's bench, taking note of the timing of the case, stayed his arrest until October 7.

Similarly, Sri Ganganagar Municipal Council chairperson candidate Sanjay Mundra approached the court after an FIR was registered against him on September 19 on allegations of threatening voters. Justice Nupur Bhati's bench granted him interim protection from arrest until October 5, taking into account the timing of the FIR and the proximity of the chairperson's election.

The unusual Sunday proceedings came as the urban local body chairperson elections approached, with the petitioners arguing that arrests immediately before voting could affect their participation in the electoral process.