In a landmark decision, the Supreme Court on Tuesday overturned the Chandigarh mayoral election results, handing a significant victory to the Aam Aadmi Party (AAP). Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, scrutinized the invalidated ballots, reinstating their validity and declaring AAP's Kuldeep Kumar as the rightful winner.
The ruling stemmed from the contentious invalidation of eight ballots by Returning Officer Anil Masih, which had swayed the victory in favor of the Bharatiya Janata Party (BJP). Chief Justice Chandrachud criticized Masih's deliberate attempt to alter the election's outcome, noting that his actions constituted a breach of democratic principles.
“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 noted.
“The conduct of a Presiding Officer has to deprecated at two levels. Firstly by his conduct, he has unlawfully altered the course of the mayor election. Secondly, in making a statement before Supreme court, the officer expressed a patent falsehood for which he must be held accountable,” the bench said.
Masih's false statements before the court also prompted criminal proceedings under Section 340 of the CrPC. The Supreme court has directed Register(Judicial) to issue a showcause to Anil Masih. He will be given an opportunity to file a reply.
Prior to the court's intervention, the BJP had emerged triumphant in the January 30 mayoral polls, securing all three seats and defeating the Congress-AAP alliance. However, allegations of fraud and forgery marred the electoral process, prompting AAP to seek legal recourse. Concerns regarding Masih's conduct were further amplified by a viral video depicting him marking ballot papers while purportedly glancing at CCTV footage.
During Monday's hearing, the Supreme Court condemned the apparent “horse-trading business” surrounding the election and underscored the need for accountability. The court's decision not only vindicated AAP's claims but also reinforced the imperative of upholding democratic integrity.
With the Supreme Court's intervention, the Chandigarh mayoral election saga has taken a pivotal turn, setting a precedent for transparency and fairness in electoral practices. As Kuldeep Kumar assumes office as the rightful mayor, the verdict stands as a testament to the judiciary's commitment to safeguarding democratic ideals and ensuring electoral justice for all.
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