Supreme Court Probes Allegations of Electoral Malpractice in Chandigarh Mayoral Elections, Contemplates Declaration of Results
New Delhi, 19-02-2024: The Chandigarh mayoral polls have recently come under intense scrutiny from the Supreme Court, which expressed grave concerns about the apparent “horse-trading” and potential tampering with the electoral process. In response to allegations of irregularities, the court has decided to closely examine the ballot papers and video footage of the vote-counting process. Rather than immediately ordering fresh elections, the court hinted at the possibility of declaring results based on the votes already cast.
The controversy stemmed from the Chandigarh mayoral election on January 30, where the BJP emerged victorious over the AAP-Congress alliance candidate. However, the victory was marred by accusations of ballot tampering, particularly regarding the invalidation of eight votes belonging to the coalition partners. Following the declaration of Manoj Sonkar of the BJP as the winner, subsequent events, including Sonkar’s resignation and the defection of three AAP councillors to the BJP, raised further suspicions.
Expressing deep concern over the reported “horse-trading” activities, a bench of the Supreme Court, led by Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, took swift action. They directed the registrar general of the Punjab and Haryana High Court to ensure the safe transport of relevant records to New Delhi for examination. Additionally, they ordered the production of ballot papers and the full video footage of the vote-counting process for scrutiny.
Despite suggestions from the Chandigarh administration’s legal representation for a fresh election under judicial supervision, the court leaned towards concluding the electoral process based on the existing stage before the results were announced. The possibility of disregarding any defacement of ballot papers by the returning officer was also discussed, with the court emphasizing the need for adherence to electoral rules and democratic principles.
During the hearing, the court expressed dissatisfaction with the conduct of the returning officer, Anil Masih, who was accused of defacing the ballot papers. Masih’s actions, including marking ‘X’ on the invalidated ballots, were strongly criticized, with the court warning of potential prosecution. Despite Masih’s explanation that he was merely preventing the mixing of the marked ballots, the court maintained its stance on upholding the integrity of the electoral process.
The legal battle surrounding the mayoral election has further escalated with defeated AAP candidate Kuldeep Kumar challenging the Punjab and Haryana High Court’s decision not to grant interim relief for a fresh poll. The Supreme Court also criticized the high court’s inaction in passing any interim orders in this regard.
