Ballot Paper, Video Recordings: Why SC Ruled In Favour Of AAP Candidate In Chandigarh Mayoral Poll Case

The Supreme Court ruled in favor of AAP candidate Kuldeep Kumar in the Chandigarh mayoral election case after it found serious irregularities in the conduct of the election, particularly regarding the actions of the returning officer, Anil Masih

File Photo of Supreme Court

Source : PTI

The Supreme Court on Tuesday ruled in favor of Kuldeep Kumar, the Aam Aadmi Party (AAP) candidate, in the Chandigarh mayoral election case. The verdict, which overturned the initial result that declared a Bharatiya Janata Party (BJP) nominee as the winner, highlighted the court's commitment to upholding the integrity of electoral processes.

The apex court's decision came after it found serious irregularities in the conduct of the election, particularly regarding the actions of the returning officer, Anil Masih, who belonged to the BJP. Masih's decision to invalidate eight ballots, which were later found to have been cast in favor of Kumar, raised questions about the fairness of the election process.

SC Decision Following Examination Of Ballot Paper, Video Recordings

During the court proceedings on Tuesday, the Supreme Court meticulously examined the ballot papers and reviewed video recordings presented by a judicial officer appointed by the Registrar General of the Punjab and Haryana High Court. At the beginning of the session, Chief Justice D Y Chandrachud expressed the court's interest in examining the invalidated ballots. After a thorough examination of the ballots, the bench questioned Anil Masih, the returning officer, regarding his previous assertion about defaced ballot papers, news agency PTI reported.

The Chief Justice pointedly asked Masih to identify the defaced areas on the ballots. 

Looking at the ballots, the SC bench asked Masih, "Yesterday, you told us that you put that line because the ballot papers were defaced. Look at it. Where are the ballot papers defaced?", as quoted by PTI's report.

In response, Senior advocate Mukul Rohatgi, representing Masih, defended the returning officer's actions, stating that Masih marked the ballots because he believed they were defaced. Rohatgi emphasised that labeling Masih as a "thief" was unjustified, acknowledging the possibility of differing assessments regarding the condition of the ballots.

The court reiterated the gravity of Masih's misconduct and emphasised the need for accountability in such cases.

"Even if the mark placed by Masih was taken into consideration, that does not create any doubt about the candidate in favour of whom those eight votes were cast. The conduct of the presiding officer has to be deprecated at two levels. Firstly, by his conduct he has unlawfully altered the course of the mayoral election; Secondly, in making a solemn statement before this court on February 19, the presiding officer expressed falsehood for which he must be held accountable," the bench said, as per the report.

The apex court further stressed that the returning officer could not have been unmindful of the consequences of making such a statement before the court.

Supreme Court Exercises Authority Under Article 142

The court, exercising its authority under Article 142 of the Constitution, intervened to rectify the situation.

Chief Justice D Y Chandrachud, leading the bench, emphasised the court's duty to safeguard the principles of electoral democracy. According to PTI, he stated, "In such a case, the top court was duty bound... to ensure that the process of electoral democracy is not allowed to be thwarted by subterfuge."

The ruling not only declared Kumar as the validly elected mayor but also ordered the prosecution of Masih for his role in manipulating the election process. The court condemned Masih's actions, noting his deliberate attempt to alter the outcome of the election in favor of the BJP candidate.

Defeated AAP mayoral candidate Kuldeep Kumar had approached the Supreme Court challenging a Punjab and Haryana High Court order that denied interim relief to the party, which sought a fresh poll.