Chandigarh mayoral poll: SC declares AAP's Kuldeep Kumar as winner, junks earlier result

In its detailed order, the court said it was a duty of the court to preserve democratic principles and prevent attempts electoral democracy.

New Delhi: The Supreme Court on Tuesday declared Aam Aadmi (AAP) party councillor Kuldeep Kumar as elected to the post of Chandigarh mayor, upon finding that the presiding officer deliberately defaced eight votes cast in his favour, observing the court must step in such exceptional circumstances to ensure the basic mandate of electoral democracy albeit at the local participatory level is preserved.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra used the Supreme Court's plenary power under Article 142 of the Constitution to do complete justice to quash the election result, which declared the BJP candidate as the winner to the poll held on January 30.

The court, after playing out the video on counting of votes in open screen and examining the defaced eight ballot papers, issued show cause notice to the Presiding Officer Anil Masih for initiating criminal proceedings under Section 340 of the Criminal Procedure Code for defending his action, saying he deliberately and unlawfully altered the course of mayor elections.

"It is evident that the presiding officer is guilty of a serious misdemeanour in doing what he did in his role and capacity as presiding officer," the bench said.

Masih was a nominated councillor and belonged to BJP.

The bench said the presiding officer has unlawfully altered the course of election and expressing falsehood before this court on Monday in making a solemn statement for which he must be held accountable. 

In its detailed order, the court said it was a duty of the court to preserve democratic principles and prevent attempts to thwart electoral democracy.

Acting on a petition filed by Kuldeep Kumar, the bench said, "It would be inappropriate to set aside the entire election process when the only infirmity is found at the stage when the counting of votes was recorded by the presiding officer. In allowing the entire election process to be set aside would compound the destruction of the fundamental democratic principles which has taken place as a consequence of the conduct of the presiding officer."

The BJP candidate Manoj Kumar Sonkar who was declared as winner to the post had resigned after the huge controversy broke out on allegations on tampering of ballot papers.

Three AAP councillors had switched sides to the BJP since then, leading to the charges of horse trading.