SC overturns election, declares AAP’s Kuldeep Kumar mayor of Chandigarh
Orders prosecution of Returning Officer Anil Masih for ‘misdemeanour’
image for illustrative purpose
New Delhi: Setting aside the election of the BJP candidate as declared by the Returning Officer, the Supreme Court on Tuesday declared AAP councillor Kuldeep Kumar as the Mayor of Chandigarh Municipal Corporation during the hearing on the contentious Chandigarh mayoral election case.
The apex court was dealing with a plea filed by INDIA bloc’s mayoral candidate Kuldeep Kumar accusing Returning Officer Anil Masih of allegedly "defacing the ballots" during the Chandigarh mayoral polls held on January 30. Kumar had accused the Returning Officer of resorting to fraud and forgery in the counting process.
"Setting aside the election process itself would not be proper since the issue is only when the Returning Officer made the counting," a bench comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra observed.
The court also ordered prosecution of Returning Officer Masih for 'misdemeanour'. "It is evident that Anil Masih is guilty of serious misdemeanour for deliberately defacing eight ballot papers. He must be held accountable" the CJI said.
