The Supreme Court docket, on Tuesday, dominated in favour of AAP candidate Kuldeep Kumar, declaring him the validly elected candidate for the submit of Mayor of Chandigarh Municipal Company. The choice got here after a authorized battle surrounding the election outcomes. The SC bench has additional ordered the prosecution of returning officer Anil Masih for misdemeanour, as per information company PTI.
The apex court docket ordered that the ballots and video footage pertaining to the election be sealed and returned to the Excessive Court docket of Punjab and Haryana. This directive adopted an intensive examination of the election course of and the proof offered.
The controversy emerged following the announcement of outcomes by the presiding officer, Anil Masih, on January 30, 2024. Out of 36 votes forged, 8 have been deemed invalid. The petitioner held 12 votes, whereas Monaj Sonkar secured 16 votes.
Regardless of a plea to remain the outcomes, the division bench of the Punjab Haryana Excessive Court docket declined, directing that the petition be listed for additional consideration.
Upon reviewing the proof, together with video footage of the election proceedings, the Supreme Court docket famous irregularities within the conduct of the presiding officer. It was noticed that Masih had positioned his personal mark on eight poll papers, a transfer deemed past his powers.
“The presiding officer has evidently put his personal mark on the backside of 8 poll papers and acted past his powers,” remarked the Supreme Court docket.
Moreover, it was discovered that Masih’s assertion that he defaced the ballots as a consequence of current marks was unfounded. “It’s evident that not one of the ballots are defaced,” acknowledged the court docket.
The court docket cited Clause 10 of laws 6, which outlines grounds for invalidating votes, none of which utilized to the eight invalidated ballots. The act of putting marks on the ballots by the presiding officer was deemed a misdemeanor and a deliberate effort to control the election course of.
“In including the 8 invalid votes to 12 votes, the petitioner’s tally stands at 20,” declared the court docket, thus affirming Kuldeep Kumar because the rightful Mayor of Chandigarh.