SC considers appointing observer for free and fair Chandigarh mayoral polls

The Supreme Court on Friday mulled appointing an observer to ensure that "free and fair" Chandigarh mayoral elections were held on January 30.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order on a plea filed by Chandigarh mayor Kuldeep Kumar from AAP who sought "show of hands" instead of "secret ballot" to ensure fairness in the polling process.

"Issue notice for the limited purpose of appointing an independent observer to conduct the election scheduled to be held on January 30, 2025. Meanwhile, the election process will continue," the bench said.

The top court posted the hearing on January 27, and indicated it may appoint a retired high court judge as observer for the polls.

 

Punjab advocate general Gurminder Singh, appearing for the mayor, submitted the court may issue notice on polling by "show of hands" for he said, "We all know what happened during last elections when it was secret ballot and CCTV video recording."  Justice Surya Kant said the mayor had approached the court for free and fair elections and it would ensure it.

Singh referred to last year's mayoral election where ballot papers were defaced by the presiding officer and said the house had passed a resolution for a "show of hand" last year but they were now informed it would be by "secret ballot".

He said the high court entitled Kumar to function as the Chandigarh Municipal Corporation mayor for 12 months and it took his date of election as January 30, when the illegal results were declared, instead of February 20, when the illegal results were set aside and Kuldeep Kumar was declared as mayor by the Supreme Court.

The bench said the Supreme Court on February 20 effectively restored the Kumar's election, which was illegally denied to him.

"It will be the date of election which in this case is January 30 and not February 20, when his election was restored. You were declared elected as mayor from the very date of inception. It does not depend on the time of physical occupation of the seat," said Justice Surya Kant, observing no fresh election was ordered.

The bench asked Singh to suggest a name for the poll observer and sought Chandigarh administration's response.

On February 20, last year, the top court declared defeated AAP-Congress alliance candidate Kuldeep Kumar the UT's mayor overturning the result of the contentious poll where the BJP nominee emerged an unlikely winner.

It ordered prosecution of former returning officer Anil Masih, a BJP member, for "serious misdemeanour" and an alleged false statement before the court that he had invalidated eight ballots due to defacement.

Exercising its powers under Article 142 of the Constitution, the apex court said the result declared by the returning officer, a nominated councillor, was clearly contrary to law.

The top court said in each of the eight ballot papers, which were invalidated by Masih, the votes were duly cast in Kumar's favour.

BJP's Manoj Sonkar won the Chandigarh mayoral polls on January 30, last year, defeating the comfortably placed AAP-Congress alliance candidate, prompting accusations of tampering with the ballots.

Sonkar got 16 votes against his Kumar's 12.

He resigned subsequently whereas three AAP councillors defected to the BJP.

In its verdict, the apex court noted that as per the result declared on January 30, Kumar got 12 votes and his tally went up to 20 after adding the eight invalidated votes.