SC Declares AAP Candidate Kuldeep Kumar As Chandigarh Mayoral Poll Winner, Scraps Earlier Result

The Supreme Court on Tuesday declared Aam Aadmi Party candidate Kuldeep Kumar the winner of last month’s Chandigarh mayoral election. The top court ruled that Kuldeep Kumar is declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.

Earlier in the day, the top court examined the eight ‘defaced’ ballot papers of the Chandigarh mayoral poll and video recording of the counting process following the contentious victory of BJP in last month’s mayoral election.

Pulling up returning officer Anil Masih for ‘contempt of court”, the court had ordered to treat the eight invalidated ballots as valid. A bench, led by Chief Justice DY Chandrachud said the invalidated ballots “shall be recounted… treated as valid” and “results declared on the basis of that”.

The apex court then declared the results declared by returning officer Anil Masih invalid.

“It is evident that the presiding officer is guilty of this serious misdemeanour. It is evident that the presiding officer has deliberately defaced the ballot,” the court said.

The court has now directed contempt of court proceedings against the RO, Anil Masih. A show-cause notice has been issued, and he is required to file a response in the Punjab and Haryana High Court within three weeks.

Chandigarh Mayoral Poll Row

The BJP won the January 30  Chandigarh mayoral polls, defeating the AAP-Congress alliance candidate after the returning officer declared eight votes of the coalition partners as invalid.

The Congress-AAP alliance alleged tampering with ballot papers by the presiding officer, but the BJP denied the charge.

The Congress-AAP alliance approached the Punjab and Haryana High Court seeking cancellation of the result and holding the Chandigarh mayor elections again.

On February 5, the Supreme Court pulled the presiding officer in the Chandigarh mayoral polls saying it was evident that he defaced the ballot papers.

The apex court made the remarks while hearing an AAP councillor’s plea challenging a Punjab and Haryana High Court order that refused to grant any interim relief to the party seeking fresh mayoral polls in Chandigarh.

The matter was listed for hearing on February 19.

On Monday, the court ordered that the ballots secured before the Punjab and Haryana High Court should be presented before the apex court on Tuesday, February 20.