AAP candidate 'validly elected' mayor: SC on Chandigarh mayoral polls
In a big win for the Aam Aadmi Party (AAP), the Supreme Court on Tuesday declared its candidate Kuldeep Kumar as the "validly elected" mayor of Chandigarh. It ordered that eight ballots, allegedly defaced and declared invalid by Presiding Officer Anil Masih, be treated as valid. The court also canceled the previous result, which declared the Bharatiya Janata Party's Manoj Sonkar as the winner.
Why does this story matter?
After the Chandigarh mayoral poll results were announced, the AAP and the Congress's combine accused the BJP of cheating and "forgery in the electoral process." They alleged Masih was even captured "tampering" with ballot papers in a video submitted to the SC. The AAP had also sought fresh polls in the apex court. The BJP has, however, dismissed these allegations.
Count 8 rejected votes as well: SC
In its verdict on Tuesday, the SC said, "We will direct that the votes at the poll shall be recounted and these eight shall be treated as valid and results be declared based on that." The court also took note of the fact that the eight invalidated ballots were cast in favor of the AAP-Congress alliance's mayoral candidate Kumar.
Issue show cause notice to Masih: SC
The apex court also came down heavily on Masih, asking him to prove where the eight ballots, which he had declared "invalid," were defaced. In its order, the court also directed that a show cause notice be issued to Masih. Reacting to the SC's order, AAP National Convenor and Delhi Chief Minister Arvind Kejriwal said, "Thank you...for saving democracy in these difficult times."
CCTV video shows alleged tampering: CJI
During the hearing, Chief Justice DY Chandrachud said, "What he (presiding officer) does is, he puts a single line...as seen in the video." Earlier, a video went viral showing Masih ticking the ballot papers while glancing at the CCTV camera, raising concerns about the fairness of the election. On Monday, the SC noted that Masih should be prosecuted if found guilty of ballot tampering.
CJI's cross-examination of presiding officer
In a first, the CJI cross-examined the presiding officer on Monday, expressing dissatisfaction with his conduct. "Mr. Masih what were you doing looking at the camera and putting cross marks on the ballot papers?" the CJI said. In an alleged "moment of admission," Masih explained the marks were "intended to segregate defaced ballots."
Court orders examination of ballot papers
On Monday, the SC said it would examine the ballots and a video recording of the counting process. The bench, headed by Chandrachud and comprising justices JB Pardiwala and Manoj Misra, suggested considering the declaration of results based on the existing votes rather than ordering new elections. Subsequently, it summoned the registrar general of the Punjab and Haryana High Court to present the records.
SC's concern over 'horse-trading' allegations
On Sunday, the BJP's Manoj Sonkar resigned from the Chandigarh mayor's post. The move was followed by the resignations of three AAP councilors in Chandigarh, who quit the party and joined the BJP. On Monday, the SC said, "We are pained by the horse-trading which has happened in Chandigarh assembly." "Horse-trading should be stopped...we want to see the ballot papers tomorrow (Tuesday)," it added.
