The Aryavarth Express
Agency(New Delhi): In a landmark ruling, the Supreme Court of India, on February 20, announced the appointment of Aam Aadmi Party (AAP) councillor Kuldeep Kumar as the Mayor of Chandigarh Municipal Corporation, overturning the previous declaration of BJP candidate Manoj Kumar Sonkar as the winner. This decision followed the discovery of ballot tampering by Presiding Officer Anil Masih.
The apex court scrutinized the ballot papers and discovered that eight votes cast in favor of Kuldeep Kumar were unfairly invalidated by Masih. These votes were crucial, as Kumar had initially secured 12 votes against Sonkar’s 16 from a total of 36. The Court, employing its powers under Article 142 of the Constitution, deemed Masih’s actions as illegal and reinstated the eight votes, thereby declaring Kumar as the legitimate winner.
Yesterday, the Presiding Officer made a solemn statement before this Court that he had done so as the 8 ballots were defaced. It is evident that none of the ballots are defaced,” the Court observed further. “The conduct of the Presiding Officer has to be deprecated at two levels. Firstly, he has unlawfully altered the course of Mayoral election. Secondly, in making a solemn statement before this Court on 19 Feb, the Presiding Officer expressed falsehood for which he must be held accountable,”
Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, also initiated criminal proceedings against Anil Masih under Section 340 of the CrPC for providing false statements to the Court. The controversy had arisen when Masih, a nominated councillor from the BJP, invalidated the eight ballots citing defacement. However, upon physical inspection, the Court found this claim to be false, as the ballots were not defaced, thus preserving the democratic process.
The Court’s intervention was necessitated following the Punjab and Haryana High Court’s refusal to immediately stay the election results, prompting Kuldeep Kumar to approach the Supreme Court. The High Court had earlier taken custody of the ballot papers and records as per its February 5 order. During the Supreme Court’s hearing, video footage showed Masih marking certain ballot papers, leading to further scrutiny of his actions.
“The Supreme Court has saved democracy from the fangs of an autocratic BJP, which resorted to dirty election manipulation. The institutional sabotage in the Chandigarh Mayor Polls is only the tip of the iceberg in Modi-Shah’s devious conspiracy to trample Democracy. All Indians must fight this onslaught on our Constitution, collectively. Never forget. Our Democracy shall be at a crossroads in the 2024 Lok Sabha Elections!” Kharge posted on X.
Senior Advocates Dr. Abhishek Manu Singhvi and Gurminder Singh, along with Advocates RPS Bara and Karmanbir Singh Kharba, represented petitioner Kuldeep Kumar. In contrast, Senior Advocate Mukul Rohatgi defended Anil Masih, asserting Masih’s belief in the defacement of the ballots.
