AMN / NEW DELHI
New Delhi, February 20
The Supreme Court today set aside the Chandigarh mayoral poll results. The court declared AAP-Congress combine candidate Kuldeep Kumar the winner.
The Bench ordered initiation of criminal proceedings against returning officer Anil Masih under Section 340 of the Criminal Procedure Code for ballot-tampering.
BJP candidate Manoj Sonkar had bagged 16 votes against the 12 received by Kuldeep Kumar after eight votes were rejected in the January 30 polls to elect the Mayor of the Chandigarh Municipal Corporation.
The Supreme Court bench, led by CJI DY Chandrachud, in its order said, “The petitioner is declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.”
“The eight votes which were treated as invalid by making those markings.. counting the eight votes for the petitioner will make him have 20 votes. We direct that the election result by the presiding officer is quashed. The AAP candidate is declared to be the winner of the Chandigarh mayoral polls,” CJI Chandrachud ordered.
The Supreme Court has ordered prosecution against Anil Masih for “misdemeanour” after finding serious faults in the conduct of the January 30 Chandigarh Mayor election. A show cause notice has also been issued by the Supreme Court against Anil Masih. The top court observed that Anil Masih must be held accountable for lying before the court.
“Firstly, he has unlawfully altered the course of Mayoral election. Secondly, in making a solemn statement before this Court on 19 February, the Presiding Officer expressed falsehood for which he must be held accountable,” the Supreme Court said.
The Supreme Court noted that all invalidated eight ballots, that were tampered with during the counting, have votes cast in favour of the AAP Mayor Candidate Kuldeep Kumar.
The Bharatiya Janata Party (BJP) had won the Chandigarh mayoral poll defeating the comfortably placed AAP-Congress alliance candidate after the returning officer declared as invalid eight votes of the coalition partners, drawing accusations of tampering with ballots.
Manoj Sonkar of the Bharatiya Janata Party (BJP) had defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. Sonkar, however, resigned subsequently, while three AAP councillors defected to the BJP.
A video, which was later presented in the Supreme Court, showed Anil Masih looking at the camera before marking the eight ballots as invalid.
Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it’s all here, just a click away! Login Now!