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AAP candidate winner after SC intervention: What exactly happened during the Chandigarh mayor elections

Hearing the case, the Supreme Court had said it would 'not allow democracy to be murdered'. Here's why the Chandigarh mayor poll, won by the BJP, ran into controversy.

Chandigarh MayorMayor Manoj Sonkar (sitting), Sr. Dy. Mayor Kuljeet Sandhu (blue shirt) and Dy. Mayor Rajinder Sharma (white jacket) with BJP leaders take charge at the Mayor office in Chandigarh on Tuesday, January 30. (Express photo: Jasbir Malhi)

Results of the Chandigarh Mayor elections were overturned on Tuesday (February 20), with the AAP-Congress alliance candidate Kuldeep Kumar declared the winner.

This came a day after the Supreme Court said that the results of the controversial election would be declared on the basis of the existing ballot papers, instead of a repoll. For this, the court said, it would peruse on Tuesday the ballot papers and the entire video recording of the counting day.

The January 30 election had been marred by allegations of misconduct by BJP councillors and presiding authority Anil Masih. After the case reached the Supreme Court and it made adverse observations, the newly elected BJP mayor, Manoj Sonkar, resigned on Sunday.

Here’s what has happened in the matter so far.

Why was the Chandigarh Mayor election significant?

The Chandigarh Mayoral election held significance as it marked the first-ever alliance between Congress and the Aam Aadmi Party (AAP). The combine aimed to challenge the BJP, setting the stage for potential alliances in other states during the Lok Sabha elections.

Why were the elections initially postponed?

On the scheduled polling date of January 18, when AAP and Congress councillors reached the venue, they were told voting had been postponed as presiding officer Anil Masih had taken ill.

The UT administration then sought to postpone the polls to February 6, but AAP mayoral candidate Kuldeep Tita approached the Punjab and Haryana High Court, which rescheduled the polls to January 30.

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What happened during the election?

Sonkar emerged victorious with 16 votes, while the AAP and Congress alliance secured 12 votes. Eight votes were deemed invalid by Masih. The Opposition alleged that Masih unfairly invalidated votes. They approached the Punjab and Haryana High Court and later the Supreme Court, with videos showing his alleged interference with ballot papers.

How did the numbers stack up before the election?

The Congress had seven councillors in the Municipal Corporation, and AAP 13. This added up to 20 in the 35-member House, a clear advantage. The BJP had 15 votes, courtesy its 14 councillors and the vote of the Chandigarh MP, who is ex officio member of the House. BJP’s Kirron Kher is the Chandigarh MP. One councillor in the House belongs to former BJP ally Akali Dal.

The Chandigarh Mayor is elected annually from the elected councillors of the city, serving a one-year term.

Has anything changed now?

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Three AAP councillors have joined the BJP since January 30, strengthening the saffron party to 17 votes. If the SC had ordered a fresh poll, the BJP would have had an advantage.

What were the SC’s initial observations?

On February 5, after perusing the video of Anil Masih’s conduct, the Supreme Court had said it would “not allow democracy to be murdered”, and that “it was obvious he defaced the ballot papers”.

Masih was asked to be present before the court on February 19.

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The bench headed by Chief Justice of India DY Chandrachud had made sharp observations, saying: “This man has to be prosecuted. This is a mockery of democracy. He is murdering democracy. Is this the way an officer has to conduct elections? We are appalled by his conduct.”

Who is Anil Masih?

Anil Masih, former BJP general secretary of the minority morcha cell, became a nominated councillor in October 2022. BJP dropped his name from the minority cell days before the SC hearing. Masih, a 53-year-old with a marketing background, resides on the PEC campus in Chandigarh. His family, originally from Ambala, includes his wife and two sons.

Hina Rohtaki is a Special Correspondent with The Indian Express, Chandigarh. She covers Chandigarh administration and other cross beats. In this field for over a decade now, she has also received the prestigious Ramnath Goenka Excellence in Journalism Award by the President of India in January 2020. She tweets @HinaRohtaki ... Read More

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