SC Declares AAP Candidate Kuldeep Kumar As Elected Chandigarh Mayor, Orders Prosecution Of Returning Officer

The Supreme Court ruled in favour of AAP candidate Kuldeep Kumar, declaring him the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.

AAP councillor Kuldeep Kumar after the Supreme Court declared him as winner and Mayor of union territory of Chandigarh, in Chandigarh, Tuesday, Feb. 20, 2024.

Source : PTI

The Supreme Court, on Tuesday, ruled in favour of AAP candidate Kuldeep Kumar, declaring him the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation. The decision came after a legal battle surrounding the election results. The SC bench has further ordered the prosecution of returning officer Anil Masih for misdemeanour, as per news agency PTI.

The apex court ordered that the ballots and video footage pertaining to the election be sealed and returned to the High Court of Punjab and Haryana. This directive followed a thorough examination of the election process and the evidence presented.

The controversy emerged following the announcement of results by the presiding officer, Anil Masih, on January 30, 2024. Out of 36 votes cast, 8 were deemed invalid. The petitioner held 12 votes, while Monaj Sonkar secured 16 votes.

Despite a plea to stay the results, the division bench of the Punjab Haryana High Court declined, directing that the petition be listed for further consideration.

Upon reviewing the evidence, including video footage of the election proceedings, the Supreme Court noted irregularities in the conduct of the presiding officer. It was observed that Masih had placed his own mark on eight ballot papers, a move deemed beyond his powers.

"The presiding officer has evidently put his own mark at the bottom of 8 ballot papers and acted beyond his powers," remarked the Supreme Court.

Furthermore, Masih's assertion that he defaced the ballots due to existing marks was unfounded. "It is evident that none of the ballots are defaced," stated the court.

The court cited Clause 10 of regulations 6, which outlines grounds for invalidating votes, none of which applied to the eight invalidated ballots. The act of placing marks on the ballots by the presiding officer was deemed a misdemeanor and a deliberate effort to manipulate the election process.

"In adding the 8 invalid votes to 12 votes, the petitioner's tally stands at 20," declared the court, thus affirming Kuldeep Kumar as the rightful Mayor of Chandigarh.

SC Orders Criminal Prosecution of Chandigarh Mayoral Polls Returning Officer

The Supreme Court took a stern stance against Anil Masih, the returning officer of the Chandigarh mayoral polls, ordering his criminal prosecution for allegedly providing false statements and misconduct during the vote-counting process. The court, headed by Chief Justice D Y Chandrachud, declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new mayor, overturning the previous result.

As per PTI, the bench further noted Masih's serious misdemeanour during his role as a presiding officer, stating, "By his conduct, he has unlawfully altered the course of the mayoral election."

In response to Masih's actions, the bench directed the registrar (judicial) of the apex court to issue a notice to Masih under section 340 of the Code of Criminal Procedure. The notice requires Masih to show cause as to why proceedings should not be initiated against him for allegedly making false statements, PTI's report stated.

The Supreme Court bench, in its verdict, criticised Masih's conduct and stated, "Masih's conduct as the presiding officer has to be deprecated at two levels." Firstly, it noted the unlawful alteration of the election course, and secondly, it emphasised Masih's false statement before the court.

The court found that Masih's actions had influenced the election result, leading to an unfair outcome. It observed that the invalidated votes were duly cast in favour of Kumar, indicating a deliberate effort to manipulate the result.

The BJP had initially won the Chandigarh mayoral polls, with Manoj Sonkar securing victory. However, the court's intervention overturned this result, declaring Kuldeep Kumar as the validly elected mayor.