Chandigarh: political history

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2024

SC: Mayor post goes to AAP, prosecute poll officer

AmitAnand Choudhary, February 21, 2024: The Times of India

New Delhi: Invoking the special power granted to it under Article 142 of the Constitution to do complete justice, Supreme Court Tuesday declared the joint AAP-Congress candidate Kuldeep Kumar winner of Chandigarh’s mayor election.


The polling held on Jan 30 was marred by irregularities due to the illegal conduct of the returning officer who had announced the BJP candidate as winner by invalidating eight votes cast in favour of his opponent.


A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, which examined all eight invalidated votes and video footage of the poll which was played in open court, came to the conclusion that the votes were valid and returning officer Anil Masih had declared them invalid just to alter the outcome of the poll.

While quashing the result declared by Masih, the apex court said there was no need to hold a fresh election as there was infirmity only in the counting of votes. It said Kumar had won by 20 votes, against 16 of his BJP opponent.