In a landmark decision on Tuesday, the Supreme Court announced the reversal of the previous Chandigarh mayoral election results, declaring Aam Aadmi Party's candidate Kuldeep Kumar the winner. The hearing witnessed the Chief Justice instructing the validation of all 8 votes that had been nullified by the returning officer, marked with a cross on their ballot papers.
While presiding over the case, CJI stated that all 8 ballots favored the petitioner candidate, Kuldeep Kumar, implying that the returning officer had overstepped his authority. The court had also warned returning officer Anil Masih of serious consequences for his actions just the day before. This transgression of authority by marking the ballots warrants proper action against the officer.
In fact, the returning officer confessed to the Supreme Court bench led by CJI on Monday that he was the one who marked the ballots. Following an interrogation of the returning officer, the court had called for all original video recordings and documents related to the election process, which were then submitted to the courtroom, including the video evidence and the contested ballot papers.
A bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra conducted hearings on this matter. AAP councilor Kuldeep Kumar challenged the returning officer's decision to nullify 8 votes in the mayoral and deputy mayor elections at the Supreme Court.
Kuldeep Kumar's statement after the court's decision
Following the verdict, Kuldeep Kumar expressed his gratitude towards the court, saying that truth might be challenged temporarily but can't be suppressed or crushed; ultimately, it prevails. He affirmed that he would first address the halted development projects in Chandigarh. The court's decision has preserved democracy, he said, anticipating that their party's candidate would also win the forthcoming MP elections in Chandigarh.
Meanwhile, AAP convener and Delhi Chief Minister Arvind Kejriwal congratulated Kuldeep Kumar on social media for becoming the mayor of Chandigarh. He attributed Kumar's success to India's democratic process and the honorable Supreme Court, urging the need to maintain impartiality of autonomous institutions and democracy at all costs.
'Democracy has been murdered'
During Monday's hearing, CJI DY Chandrachud severely reprimanded the administration and returning officer Anil Masih, remarking that the election process was a mockery of democracy. The video shown in court clearly indicated that democracy had been assassinated. The court questioned the actions of the returning officer and asserted that they would not allow the death of democracy to happen in the country. The Supreme Court would not stay silent under such circumstances.
'Why were you looking at the camera?'
The video clip presented in the court depicted the moment when votes were being invalidated. The Supreme Court had ordered returning officer Anil Masih to appear. Upon questioning, the CJI asked about the officer's role and appointment process. Masih was questioned why he was looking towards the camera.
'You marked eight papers'
The returning officer, Anil Masih, explained that he was looking at the camera due to the noise there. When asked if he marked any ballot papers with an X, Masih admitted to marking eight papers. However, he claimed that the AAP mayoral candidate snatched the ballot papers, tore them, and ran away. The court further inquired about his reasoning to mark the ballots and the rules under which he conducted this action.
