The Supreme Court, on Tuesday, declared Aam Aadmi Party (AAP) candidate Kuldeep Kumar as the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation. The ruling comes after a legal battle over the election results and has ordered the prosecution of the returning officer, Anil Masih, for misdemeanour.
The apex court directed the sealing of ballots and video footage related to the election, to be returned to the High Court of Punjab and Haryana. This decision followed a thorough examination of the election process and presented evidence.
The controversy began with the announcement of results by presiding officer Anil Masih on January 30, 2024. Out of 36 votes cast, 8 were deemed invalid. The petitioner secured 12 votes, while Monaj Sonkar received 16 votes. Despite a plea to stay the results, the division bench of the Punjab Haryana High Court declined, directing further consideration of the petition.
Upon reviewing the evidence, including video footage, the Supreme Court noted irregularities in Masih's conduct. It was observed that Masih had placed his own mark on eight ballot papers, an action deemed beyond his powers. The court remarked, "The presiding officer has evidently put his own mark at the bottom of 8 ballot papers and acted beyond his powers."
Moreover, it was found that Masih's claim of defacing ballots due to existing marks was unfounded. The court stated, "It is evident that none of the ballots are defaced." Referring to Clause 10 of regulations 6, outlining grounds for invalidating votes, the court concluded that none of the specified conditions applied to the eight invalidated ballots. The act of placing marks on the ballots by the presiding officer was considered a misdemeanor and a deliberate attempt to manipulate the election process.
"In adding the 8 invalid votes to 12 votes, the petitioner's tally stands at 20," declared the court, affirming Kuldeep Kumar as the rightful Mayor of Chandigarh.