Chandigarh Mayor Seeks Mayoral Elections By 'Show Of Hands', Cites Last Year Fiasco; Supreme Court Considers Appointing Independent Observer

Chandigarh Mayor Kuldeep Kumar (Aam Aadmi Party) has approached the Supreme Court praying that the Chandigarh Mayoral Elections scheduled for January 30 be held by 'show of hands' instead of 'secret ballot' to ensure fairness in the process.A bench of Justices Surya Kant and N Kotiswar Singh heard the matter today and called for the response of the UT administration on the appointment of an Independent Observer to conduct "free and fair" elections. On its part, the bench expressed inclination to appoint a retired judge to oversee the election. Listing the matter on January 27, it said that in the meantime, the election process shall continue.The order was dictated thus: "Issue notice for the limited purpose of appointing an Independent Observer to conduct the election scheduled to be held on January 30, 2025. The election process to continue."When it was insisted that the Court also issue notice on the prayer to have the elections by show of hands, Justice Kant said that the petitioner's purpose is to have "free and fair" elections and the Court will ensure that.During the hearing, Senior Advocate Gurminder Singh (appearing for Kuldeep Kumar) highlighted last year's fiasco where ballot papers were found to have been defaced by the Presiding Officer. Accordingly, it was prayed that to ensure fairness in the elections, the same be held by show of hands, instead of secret ballot.Highlighting another grievance, the senior counsel said that the High Court held Kuldeep Kumar entitled to function as Mayor for 12 calendar months, but it took his date of election as January 30 (when the illegal results were declared) instead of February 20 (when the illegal results were set aside and Kuldeep Kumar declared as Mayor by the Supreme Court).Hearing the submission, Justice Kant probed, "you are declared elected on 20 February. Now the question is once that election has been set aside, are you not for all intents and purposes a Mayor from the very date of inception?" Singh replied to the same saying that it would have been the case if the election fructified into a returned candidate. It was underlined that on February 20, the Supreme Court did not set aside the election. Rather, it resumed the process from the casting of ballots.Justice Kant however maintained that the election result which illegally declared Kuldeep Kumar as defeated is the one that has been restored. "This is the exact question which falls for consideration before your Lordships...Section 38(3) envisages the situation which your lordships are saying...in my case, Supreme Court said we are not setting aside the election, we are setting aside only the result, resuming the process and declaring you elected", replied Singh.Subsequently, the senior counsel emphasized that Kuldeep Kumar's primarily concern is to have "free and fair" elections. He informed that the High Court has passed a direction for the elections to be videographed, but the same would not suffice. "Last time, we know what happened on video", he remarked.When the bench asked for his suggestions to ensure "free and fair" elections, the senior counsel urged that the Court may appoint any person from Punjab and Haryana to oversee the election unbiasedly. "And then show of hands be the criteria, because ballot has resulted in chaos last time", he added. Ultimately, the Court called for the response of the UT administration.BackgroundLast year, Kuldeep Kumar moved the Punjab and Haryana High Court alleging vote tampering in the Chandigarh Mayor Elections where initially Bharatiya Janata Party (BJP) candidate Manoj Sonkar emerged victorious. The BJP candidate secured 16 votes against the 12 votes received by Kuldeep Kumar (candidate backed by Congress and AAP). It was claimed that the Presiding Officer (Anil Masih) rejected 8 votes as invalid. On February 20, finding the results announced by the Presiding Officer to be illegal, the Supreme Court set them aside and declared Kuldeep Kumar as the Mayor of the Chandigarh Municipal Corporation. It was held that the Presiding Officer deliberately defaced 8 ballots which were cast in favor of Kuldeep Kumar so as to make them invalid.Subsequent to this, the General House of Municipal Corporation, recognizing the shortcomings in the voting process, is stated to have passed a table agenda to alter the manner of conducting the Mayoral elections. However, a letter was apparently issued by the concerned Deputy Commissioner, deciding to conduct the election without considering the table resolution (to conduct the mayoral poll by show of hands instead of ballot paper).Aggrieved, Kuldeep Kumar approached the Punjab and Haryana High Court seeking quashing of the election schedule, which was set for January 24. The High Court set aside the notification and directed to re-schedule the polls after January 29. Further, it ordered Kuldeep Kumar to continue tenure as mayor till then. Following this order, Kuldeep Kumar approached the Supreme Court.Appearance: Senior...

Chandigarh Mayor Seeks Mayoral Elections By 'Show Of Hands', Cites Last Year Fiasco; Supreme Court Considers Appointing Independent Observer

Debby Jain

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