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SC declares AAP’s Kuldeep Kumar as Chandigarh Mayor: What the court said in its verdict

A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra was hearing the plea of defeated AAP candidate for the election, Kuldeep Kumar.

SC declares AAP's Kuldeep Kumar as Chandigarh Mayor What the court said in its verdict Returning Officer for Chandigarh mayoral election Anil Masih appears before the Supreme Court for a hearing in the alleged tampering of ballots in the election, in New Delhi. (PTI Photo)
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Setting aside the Chandigarh mayoral poll results, the Supreme Court Tuesday declared AAP councillor Kuldeep Kumar as the winner and Mayor of the Union Territory of Chandigarh.

A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra was hearing the plea of defeated AAP candidate for the election Kuldeep Kumar, accusing returning officer Anil Masih of electoral malpractices.

The BJP won the Chandigarh mayoral polls on January 30 defeating the comfortably placed AAP-Congress alliance candidate after the returning officer declared as invalid eight votes of the coalition partners, drawing accusations of tampering with ballots. BJP candidate Manoj Sonkar defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. Sonkar, however, resigned subsequently, while three AAP councillors defected to the BJP.

Here’s what the Supreme Court said in its verdict:

📌 It is evident that presiding officer Anil Masih made deliberate attempts to deface eight ballot papers, the court observed.

📌 The top court ordered criminal prosecution of the presiding officer for the misdemeanour.

📌 The court also directed issuance of a show cause notice to Masih.

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📌 Examining the ballot papers, the CJI said the ballot papers on which the returning officer had put markings were those which were cast in favour of Kuldeep Kumar.

📌 It observed orally that it will direct that the votes be counted again treating the eight defaced ballots as valid and declaring the result.

📌 SC observed that the result of the Chandigarh mayoral elections was contrary to the law.

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