On Tuesday, the Supreme Court using Article 142 overturned the result of the Chandigarh mayoral elections, in which the presiding officer had invalidated eight ballot votes by declaring AAP’s candidate winner. Kuldeep Kumar, AAP’s candidate who is a petitioner in the case becomes a new mayor of Chandigarh.
Judgement of the Bench
The bench headed by Cheif Judge D Y Chandrachud including Justice JB Pardiwala and Manoj Misra, also found the presiding officer Anil Masih, a member of a minority cell of BJP, had deliberately defaced eight ballots to help the candidate of BJP win the election. The bench considered the ballots valid that were cast in favor of AAP’s candidate Kuldeep Kumar.
“In this court yesterday, the officer made a statement that he had done so because he found the ballots were defaced. As a matter of fact, it is recorded that none of the ballots were defaced,” the bench said.
The bench said it’s the duty of the court to preserve democratic principles and values and initiated a criminal proceeding against Anil Masih under section 340 of the CrPC. The court also invoke it plenary power under Article 142 of the Constitution, calling Masih’s announced result were clear violation of the law, as the video of Masih went viral on social media. From the video, it is clear that he was marking on the ballot papers which got captures on the CCTV camera.
Chandigarh Mayoral Polls Controversy
On January 30th, Manoj Sonkar, BJP’s candidate was declared Mayor after winning 16 of 36 votes. The APP’s candidate Kuldeep Kumar won 12 votes and 8 were considered invalid by the presiding officer.
This led to opposition from AAP and Congress, calling it undemocratic and alleging the Presiding officer, Anil Masih of cheating. Then, AAP moved to the High Court with Punjab Advocate General Gurminder Singh, demanding re-election.
During a hearing on Monday, the Supreme Court called out “house-trading business” in the Chandigarh mayoral poll and noted Anil Masih should be prosecuted if found guilty.
Arvind Kejriwal’s Response
AAP leader Arvind Kejriwal said, “The Supreme Court has given a historic verdict in Chandigarh mayoral polls.” He added that it was the first victory of the INDIA bloc, and BJP can be defeated with unity and strategy.
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