SC Declares AAP Councillor Kuldeep Kumar As Chandigarh Mayor

In a major politico-legal development, the Supreme Court of India today declared the results of Chandigarh Mayor Elections as illegal and declared Aam Aadmi Party councillor Kuldeep Kumar as mayor of Chandigarh Municipal Corporation. The Court invoked its extraordinary power under Article 142 of the Constitution of India to do complete justice.

Bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra declared Aam Aadmi Party councillor Kuldeep Kumar as the mayor of the Chandigarh Municipal Corporation.

The Court had earlier observed that Anil Masih, the returning officer of the polls, defaced eight ballot papers to prevent Aam Aadmi Party councillor from becoming mayor of the corporation. While perusing the ballot papers, the Court observed that the ballot papers were valid and therefore could be taken into consideration to declare AAP candidate as winner.

The Court further directed initiation of criminal prosecution under Section 340 of the Indian Penal Code against Anil Masih.

Anil Masih, the returning officer, had yesterday stated before the Court that as eight ballot papers were defaced, he had segregated them. However, after the Court inspected the ballot papers today, it was found that the papers were not defaced and therefore could be taken into consideration. 

The Court rejected the plea of Anil Masih's advocates to direct re-election. Taking strong exception to the practice of horse trading, the Court held that it could not let democratic process dilute in this manner.

Source: Live Law