In a big boost to AAP-Congress combine, the Supreme Court on Tuesday declared the Aam Aadmi Party-Congress combine’s candidate Kuldeep Kumar as Mayor of Chandigarh and quashed the election result announced by the Returning officer Anil Masih on January 30, and directed its (top court) Registrar Judicial to issue him a show cause notice for his misconduct and making false statement before the court.
Quashing the election result in which Bharatiya Janata Party candidate Manoj Kumar Sonkar was declared elected as Mayor after the invalidation of eight votes cast in favour of the AAP-Congress combine candidate, Chief Justice DY Chandrachud heading a bench also comprising Justice JB Pardiwala and Justice Manoj Misra said that for the reasons detailed in the order, “…, we have come to the conclusion that the results declared by the Presiding Officer are unlawful and have to be set aside. We order accordingly.”
Having set aside the results declared on January 30, 2024, the court in its order said, “The petitioner (Kuldeep Kumar) is declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.”
Declaring Kuldeep Kumar as winner, the court referring to the result sheet noted that while Kuldeep Kumar got 12 votes, the eight votes which were treated as invalid wrongly, were validly passed in his (Kuldeep Kumar) favour. Adding the eight votes would make his tally 20 votes. On the other hand, the BJP candidate Manoj Kumar Sonkar polled 16 votes.
The top court order that came as a huge blow to the ruling Bharatiya Janata Party, the bench in its order said, “This Court is duty bound to ensure that the democratic process is not set at naught by such subterfuges. We are therefore of the view that the Court must step in such exceptional circumstances to ensure that the basic democratic mandate is ensured.”
Reusing to set aside the entire election process and order fresh election as argued by senior advocate Maninder Singh appearing for Manoj Kumar Sonkar, the bench in its order said: “The setting aside of the election process is a wider relief. We are of the view that setting aside the entire election process is inappropriate as the only infirmity is found in the counting process. Setting aside the entire election process will compound the destruction of the democratic principles which happened due to the conduct of the Presiding Officer.”
Referring to the solemn statement made by the Presiding Officer Anil Masih before the court on Monday – February 19 – that he had marked eight ballot papers as they were defaced, the court said that it is evident that none of the ballots are defaced. Today the court had examined all the ballots, which it had ordered to be placed before it along with video recording of the polling and counting process.
Stating that the Presiding Officer has made a deliberate attempt to deface eight ballots which were cast in favour of APP-Congress combine’s candidate Kuldeep Kumar so that the BJP candidate will be declared elected, the Court said that the conduct of the Presiding Officer has to be deprecated at two levels – he unlawfully altered the course of Mayoral election and making a solemn statement before the Court on Monday – February 19, 2024, – expressing falsehood for which he must be held accountable.
Referring to Clause 10 of Regulation 6 that provides for three eventualities where a ballot can be treated as invalid as mentioned above, the bench said that in holding eight ballots as invalid, the Presiding Officer has acted beyond his remit of statutory regulations.
Having pointed to the wrongs committed by the Presiding Officer in the conduct of the election and declaration of result on January 30, the court said that it is evident that in each of the eight ballots, the vote has been duly cast in favour of the petitioner Kuldeep Kumar. The Presiding Officer has evidently put his own mark for the purpose of treating the ballot as invalid.
The top court order came on a petition by Kuldeep Kumar seeking fresh mayoral polls in Chandigarh. He had challenged the Punjab and Haryana High Court refusing to pass an interim order staying the result in which BJP’s Manoj Kumar Sonkar was declared elected as Mayor.