This would be the first time in history that the result of an election has been declared by Supreme Court.
The Supreme Court on Tuesday declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new mayor of Chandigarh. It set aside the January 30 mayor poll result. BJP had won the Chandigarh mayoral polls after the returning officer Anil Masih declared as invalid eight votes of the coalition partners.
This would be the first time in history that the result of an election has been declared by the apex court. Some people may feel that this is wrong. However, such power has been given to the top court in the Indian Constitution under Article 142. Under this Article, to do complete justice between the two parties, the court can take such measures for which there is no written provision. The Supreme Court has used this constitutional power to declare the results of the mayor election.
Chief Justice DY Chandrachud admitted that the ballot papers were deliberately spoiled in the elections, which is illegal. According to the rules, ballot papers in mayor elections can become invalid only under three conditions.
- If the name of more than one candidate has been voted on one ballot paper
- If it is not clear on the ballot paper as to which candidate the vote has been given
- Any special mark has been made on the ballot paper
But the Supreme Court has accepted that these three things do not apply to those eight ballot papers. Returning officer himself marked with a cross sign on the ballot papers. Hence, the Chief Justice ordered to prosecution of Returning Officer Anil Masih.
The Supreme Court also admitted that if fresh elections are held, there is a fear of horse trading of councillors. The court has also cleared the constitutional reason for not holding re-elections. It said only votes were counted incorrectly in the entire election. Therefore, it would be wrong to cancel the entire election.
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 "DNA TV Show: How Supreme Court declared Chandigarh mayor poll verdict")
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