Supreme Court Overturns Chandigarh Mayoral Election Result: 'Unlawful Alteration' by RO

In a significant turn of events, the Supreme Court on Tuesday annulled the declaration of BJP candidate Manoj Sonkar as the Chandigarh Mayor. It pronounced Aam Aadmi Party (AAP) candidate Kuldeep Kumar as the rightful winner. The apex court denounced the actions of Returning Officer (RO) Anil Masih, terming them an "unlawful alteration" of the mayoral election course.

"The eight votes which were treated as invalid by making those markings... counting the 8 votes for the petitioner (AAP candidate Kumar) will make him have 20 votes. We direct that the election result by the presiding officer be quashed. The AAP candidate is declared to be the winner of the Chandigarh mayoral polls," declared the bench led by Chief Justice of India DY Chandrachud.

Expressing strong disapproval of Masih's conduct, the court issued a show-cause notice to him. "Masih could not have been unmindful of making a false statement... Anil Masih shall have an opportunity to file a reply to the show-cause notice," emphasized the bench.

AAP Councillor Kuldeep Kumar brought the case to the court, alleged fraud in the RO's decision to declare BJP's Manoj Sonkar as the Mayor. Despite the AAP-Congress alliance having a majority in the house with 20 members, Sonkar was declared the winner with 16 votes. The court's order nullifies the election result, with the AAP candidate now declared the legitimate winner.

The court, having reviewed the ballot papers and the video of the counting process, highlighted discrepancies in Masih's explanation. "Anil Masih exacerbated the felony by repeating that before this court," noted Senior Advocate AM Singhvi, who represented Kuldeep Kumar.

Advocating for Masih, Senior Advocate Mukul Rohatgi argued that the RO was marking defaced ballots, emphasizing that Masih was looking at the CCTV cameras due to a commotion outside. However, the court refuted this argument, asserting that Masih had made the marks before any commotion occurred.

Punjab's Advocate General Gurminder Singh also criticized Masih's explanation, stating, "He (Masih) is very well aware of why the dot is there, and he is misleading his senior counsel."

The court's decision addresses the alleged discrepancies in the mayoral election, emphasizing the importance of upholding the integrity of the electoral process.

Author: Anushka Taraniya

News Writer, MIT ADT University