Tag: Chandigarh Mayoral Polls

  • Chandigarh Mayoral Polls: SC Declares AAP Candidate Kuldeep Kumar Mayor Of Chandigarh, Quashes Previous Results |

    NEW DELHI: In a major victory for the Aam Aadmi Party (AAP), the Supreme Court on Tuesday quashed the result of the recently conducted mayoral election in Chandigarh and declared its candidate Kuldeep Kumar as the validly elected Mayor of Chandigarh Municipal Corporation. ”8 votes which were treated as invalid, were validly passed in favour of AAP candidate Kuldeep Kumar and the counting the eight votes for him will make him have 20 votes,” said the Supreme Court.  ”We direct that the election result by the presiding officer is quashed,” it added.

     

    Chandigarh Mayor Election matter | Supreme Court orders that AAP candidate is declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation. pic.twitter.com/QMWkJUMij4
    — ANI (@ANI) February 20, 2024

     

    The top court also slammed the Returning Officer, Anil Masih, saying that he altered the election process in violation of law. The Supreme Court also issued a show cause notice to him over his alleged intervention in the mayoral polls. “A fit case is made out for the initiation of proceedings under Section 340 CrPC against Anil Masih, Returning Officer of Chandigarh Mayor poll,” said the Supreme Court. It also directed the Registrar Judicial to issue a notice to him to show cause as to why steps should not be initiated against him.

    The top court earlier observed that all ”invalidated” eight ballots have votes been cast in favour of the AAP’s candidate Kuldeep Kumar in the recently conducted Chandigarh Mayoral Polls. Hearing the plea filed by AAP’s mayoral candidate Kuldeep Kumar, the Supreme Court said that the votes cast during the poll shall be recounted and these eight shall be treated as valid. The Supreme Court made these observations in response to a plea filed by AAP Mayor Candidate Kuldeep Kumar, whose votes were invalidated by the Returning Officer Anil Masih.

    Today’s Supreme Court’s ruling holds big political significance since the AAP and the Congress – which contested the Chandigarh mayoral election in alliance with each other – have recorded the opposition INDIA bloc’s first electoral win as they prepare to defeat Prime Minister Narendra Modi-led BJP in the upcoming 2024 Lok Sabha elections. 

     

    Chandigarh mayoral polls: Supreme Court says that it will direct that the votes at the poll shall be recounted and these eight shall be treated as valid. Thereafter, results be declared based on that, Court observes.
    — ANI (@ANI) February 20, 2024

     

    Court Orders Recounting Of Votes

    During the hearing, the Chief Justice of India (CJI) showcased the ballots to the legal representatives, highlighting that all eight ballots were stamped in favour of AAP’s Kuldeep Kumar. Expressing scepticism over the justification provided by the Returning Officer for invalidating these votes, the top court emphasized the need for a recount and declared that the results would be based on the revised count.

     

    Chandigarh mayoral polls: Supreme Court takes into note that all invalidated eight ballots have votes cast in favour of the AAP Mayor Candidate Kuldeep Kumar. https://t.co/Eg3WDMRiPJ
    — ANI (@ANI) February 20, 2024

     

    Concerns Over Electoral Integrity and ‘Horse Trading’

    The bench, comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, expressed grave concerns over the integrity of the electoral process, condemning what they termed as “horse-trading.” They criticized the actions of the Returning Officer and emphasized the necessity of upholding the democratic principles of fair elections.

    Call for Prosecution and Preservation of Electoral Records

    The Court’s scrutiny extended beyond the immediate issue, with sharp criticism directed at Anil Masih for allegedly defacing ballot papers. Masih’s actions were deemed as a threat to electoral democracy, prompting calls for prosecution. Additionally, the Court ordered the preservation and production of all relevant electoral materials, including ballot papers and video recordings, for further examination.

    Legal Battle Over Election Outcome

    The legal battle surrounding the Chandigarh mayoral election intensified, with AAP’s Kuldeep Dhalor challenging the BJP’s victory in court. Despite the BJP candidate Manoj Sonkar securing the mayoral position, questions regarding the validity of the electoral process persist, prompting demands for fresh polls under judicial supervision.

    Supreme Court’s Intervention

    The Supreme Court’s intervention underscores the importance of safeguarding the electoral process and ensuring transparency and fairness in democratic elections. As the legal proceedings continue, the spotlight remains on upholding the principles of democracy and protecting the sanctity of the electoral mandate.

  • BREAKING: Chandigarh Mayoral Election: Returning Officer Anil Masih Should Be Prosecuted, Says SC |

    NEW DELHI: The Supreme Court on Monday slammed Returning Officer Anil Masih for his role in the alleged defacement of ballot papers during the Chandigarh mayoral election and said that he should be prosecuted. The top court also proposed that results for the Chandigarh mayoral polls be declared by counting the present ballot papers, disregarding the marks made by Returning Officer Anil Masih instead of holding fresh elections.

     

    Chandigarh Mayor poll | Supreme Court remarks that Anil Masih, returning officer in Chandigarh Mayor election, has to be prosecuted as he was interfering with the election process.
    — ANI (@ANI) February 19, 2024

     

    The top court, while hearing a petition on the alleged irregularities in the Chandigarh mayoral election, also expressed concerns over alleged horse-trading after the mayoral polls. “We are deeply concerned about the horse-trading which is taking place…” the SC bench led by CJI DY Chandrachud said. 

    The apex court also directed the administration to provide security to the judicial officer and safeguard the records. It also asked the HC registrar general to depute a judicial officer to bring ballot papers, and videos for its perusal on Tuesday.

    Earlier during the hearing, the Supreme Court grilled Masih over his conduct regarding his conduct during the controversial Mayoral elections in Chandigarh. Responding to the Supreme Court, Masih admitted that he put an ‘X’ mark on 8 ballot papers. Masih said that he was separately marking ballot papers which were defaced by the voters, so that they wouldn’t get mixed up.

    On February 5, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra heard a petition filed by the AAP candidate and slammed Masih for his conduct and directed him to explain his conduct as presiding officer in the Chandigarh Mayor elections to the top court in person in next hearing. The CJI had called what transpired in mayoral elections a “murder of democracy”.

     “It is obvious that he defaced the ballot papers. Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted! Tell him the Supreme Court is watching him,” CJI Chandrachud said while passing orders. The court had expressed dismay over the videos that surfaced from the elections and asked why Masih was looking at the CCTV camera while counting ballot papers. 

    The AAP and Congress have accused Masih of tampering with ballots to favour BJP candidate Manoj Sonkar. It is alleged by the INDIA bloc candidate Kuldeep Kumar that Masih rejected 8 votes as invalid while counting by forgery and BJP won elections by fraud.

    On January 30, Manoj Sonkar, the Mayor candidate from BJP was declared the Mayor after winning 16 votes against the 12 votes received by the Congress-AAP candidate Kumar.

    On February 18, just one day before the next hearing in the Supreme Court, the BJP candidate Manoj Sonkar resigned from the Mayor’s office. In another key development before the hearing, three Chandigarh AAP Councillors Gurcharan Kala, Punam Devi and Neha Musawat joined the BJP. 

  • Chandigarh Mayoral Polls: Supreme Court Says `Won`t Allow Murder Of Democracy`

    The apex court also ordered the preservation of the entire record of the election process including ballot papers, videography and other material through the Registrar General of Punjab and Haryana High Court.