SC overturns Chandigarh mayoral poll result
Source : Nagaland Post
-R.O. Anil Masih (NP)_
The Supreme Court on Tuesday overturned the result of the Chandigarh mayoral poll in which the BJP candidate had emerged an unlikely winner, and declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new city mayor.
A bench led by Chief Justice of India DY Chandrachud — which examined the ballot papers on Tuesday and slammed the Returning Officer (R.O.) Anil Masih, a BJP leader, who invalidated eight votes by defacing them — refused to leave the subsequent part of the electoral process to the authorities.
Manoj Sonkar of the BJP had defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. The BJP appeal that a fresh election be called was also turned down. This court is “duty bound to ensure that the democratic process is not set at naught by such subterfuges,” the judges said.
“We are therefore of the view that the Court must step in such exceptional circumstances to ensure that the basic democratic mandate is ensured,” the bench added.
After the counting, the judges said, “The petitioner is declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation,” and ordered legal proceedings against the erring poll official.
The BJP had swept the mayoral polls, in a setback to the AAP-Congress alliance, which had claimed the election was an acid test for the INDIA bloc. But on Monday evening, BJP Mayor Manoj Sonkar stepped down from the post.
The Supreme Court move, though, could be a temporary reprieve for AAP, whose three councillors have defected to the BJP.
Meanwhile, the Supreme Court has ordered perjury proceedings against Anil Masih. The Court’s decision came after Masih allegedly defaced eight ballot papers during the polls.
The Court has directed the Registrar Judicial to issue a notice to Masih for and start contempt of court proceedings against the officer, Anil Masih due to the false statement made before the Court. Masih has been given three weeks to respond and explain in Punjab and Haryana High Court why perjury proceedings should not be initiated against him.