SC declares AAP's Kuldeep Kumar as 'validly elected' Chandigarh mayor

The Supreme Court noted that the eight ballots which were invalidated by Returning Officer Anil Masih were valid

In a landmark victory for the Aam Aadmi Party (AAP), the Supreme Court (SC) on Tuesday declared party nominee Kuldeep Kumar as 'validly elected' Mayor of Chandigarh, after directing eight 'invalid' votes to be treated as valid. The court also directed the issuance of a show cause notice to returning officer Anil Masih.

These eight votes were cast in favour of the AAP and were defaced by Masih.

During the hearing, Chief Justice of India (CJI) D Y Chandrachud stated that the votes cast during the polls should be counted again, with Masih's defaced ballots treated as valid.

Chandrachud also stated that the ballot papers on which Masih left markings were those cast in support of AAP candidate Kuldeep Kumar.

Reacting to the court's ruling, AAP national convenor and Delhi Chief Minister Arvind Kejriwal thanked the apex court "for saving democracy."

 

On Monday, the Supreme Court expressed concern at the possibility of horse-trading against the backdrop of the Chandigarh mayoral polls.

"What we propose to do is to direct the Deputy Commissioner, who is the prescribed authority, to appoint a fresh returning officer. We will ensure that the returning officer... may be an officer of the state who is not aligned with any political party. The process shall be taken to its logical conclusion from the stage that was reached immediately before the declaration of the result. We will ask the Registrar General of the High Court to nominate a judicial officer to oversee the process of counting the ballots. And let the results be declared on that, disregarding the defusement, which has been made by the returning officer, either in the form of putting any mark or whatever on the ballot papers. Let that be carried out," a bench presided over by Chief Justice of India DY Chandrachud said orally before directing that the ballot papers be produced before the court on Tuesday.