THE NEWS FREEDOM
NEW DELHI, FEBRUARY 20
In a major setback for the Bharatiya Janata Party (BJP), the Supreme Court of India on Tuesday declared Aam Aadmi Party (AAP) candidate Kuldeep Kumar as the new Mayor of Chandigarh’s Municipal Corporation. The Supreme Court ordered that eight votes initially deemed invalid be counted in favor of AAP candidate Kuldeep Kumar, resulting in his tally increasing to 20 votes, nullifying the previous election result. The Court highlighted serious lapses by the Returning Officer, Anil Masih, stating that proceedings under Section 340 CrPC should be initiated against him. The Court instructed the Registrar Judicial to issue a notice to Masih to show cause why steps should not be taken against him.
Chief Justice of India, D Y Chandrachud, expressed grave concerns over electoral irregularities during the closely-watched Chandigarh mayoral election held on January 30. The initial election results saw BJP’s Manoj Sonkar emerge victorious with 16 votes, defeating Kumar who secured 12 votes. However, the contest was marred by drama as eight ballots were deemed invalid, leading to protests from AAP and Congress councilors.
The Supreme Court noted that all eight invalidated votes were marked in favor of Kumar, raising serious questions about the integrity of the election process. The Supreme Court suggested an alternative approach of declaring results by counting the existing ballot papers, disregarding markings made by the Returning Officer, rather than conducting a fresh election.
Arvind Kejriwal, the Chief Minister of Delhi and AAP national convener hailed the Supreme Court’s verdict as a historic moment for India. “We extend our gratitude to the Supreme Court,” he stated. Kejriwal voiced concerns about the current state of democracy in the country, emphasizing, “We are witnessing a trend of dictatorship, with democratic principles and institutions under threat. In this context, the Supreme Court’s decision holds significant importance for safeguarding democracy.” Punjab Chief Minister Bhagwant Mann hailed the Supreme Court’s verdict on the Chandigarh mayoral election, affirming, ‘At last, truth prevailed.’ He welcomed the declaration of AAP’s Kuldeep Kumar as Mayor by the Chief Justice of India, highlighting the validation of eight previously rejected votes. Mann extending congratulations to the people of Chandigarh for this noteworthy triumph for democracy.
In response to the Supreme Court’s decision, Kuldeep Kumar hailed it as a victory for truth, affirming the preservation of democracy. He expressed gratitude to all leaders and the INDIA Alliance for their unwavering support. Addressing the defection of three AAP councillors to the BJP, Kumar expressed optimism, stating, “I believe they will return. They may have been swayed temporarily, but their loyalty to the party remains strong. There’s hope for their reunion.”
The Supreme Court’s intervention came after it labeled the Chandigarh mayoral election a “mockery of democracy” and ordered the surrender of all original records to the registrar of the Punjab and Haryana High Court. This decision was prompted by concerns raised by AAP regarding potential vote tampering.
During Monday’s proceedings, Chief Justice Chandrachud expressed apprehension over suspected instances of horse-trading, particularly following Sonkar’s resignation from the mayoral post and the defection of three AAP councilors to the BJP. “We are disturbed by the horse-trading which had taken place,” the CJI remarked.
The conduct of Returning Officer Anil Masih was scrutinized during the proceedings, with Chief Justice Chandrachud cautioning him about potential legal consequences for marking ballot papers.
Masih defended his actions as an attempt to identify defaced ballots, but the Chief Justice questioned the necessity and legality of such marks in a democratic electoral process.
The Supreme Court’s deliberations occurred during a hearing on a plea lodged by AAP councilor Kuldeep Kumar challenging the Punjab and Haryana High Court’s decision not to immediately halt the election results, which declared a BJP candidate as the Chandigarh Mayor.