Chandigarh, 25 January 2025: Chandigarh Mayor Kuldeep Kumar has approached the Supreme Court seeking an order to conduct the Chandigarh Mayoral election through a ‘show of hands’ instead of a secret ballot. Kumar argued this would ensure transparency in the electoral process.
On Friday, a Bench led by Justice Surya Kant issued notice to the Chandigarh Administration, directing it to respond to the petition. The court also indicated its willingness to appoint a retired judge as an independent observer for the elections. Despite the ongoing legal proceedings, the Bench clarified that the election process should not be stalled and scheduled the matter for further hearing on January 27.
Representing Kumar, senior counsel Gurminder Singh referenced the 2024 ballot-tampering controversy, allegedly orchestrated by the Presiding Officer, to advocate for an open voting process. “The events of the last elections, when secret ballot voting was misused, are well-documented,” Singh told the Bench. The petitioner requested the court’s intervention to prevent a recurrence.
The Supreme Court also asked Singh to propose names for an independent observer to oversee the polls, underscoring the importance of ensuring fairness. “The petitioner wants a free and fair election, and this court will ensure it,” the Bench remarked.
Kumar, a member of the Aam Aadmi Party (AAP), has also challenged the Punjab and Haryana High Court’s recent order postponing the elections until after January 29 while allowing him to remain Mayor in the interim. The legal dispute dates back to the 2024 mayoral polls, where a secret ballot had initially declared BJP’s Manoj Sonkar the winner. However, following allegations of ballot manipulation, the Supreme Court overturned the result on February 20, 2024, using its powers under Article 142 of the Constitution.
The apex court ruled in favor of Kumar after validating eight rejected votes, giving him 20 votes compared to Sonkar’s 16. “The eight votes unlawfully marked as invalid were in fact cast in favor of the petitioner. Counting these would declare the AAP candidate the winner,” the court had stated.
Manoj Sonkar later resigned, and Returning Officer Anil Masih came under scrutiny for tampering with election results. Condemning his actions, the Supreme Court directed criminal proceedings under Section 340 of the CrPC. “Masih unlawfully altered the election results and gave a false statement before this court. This misconduct cannot be condoned,” the court observed, instructing the Registrar Judicial to issue a notice to Masih.
Justice Surya Kant noted that Kumar’s tenure as Mayor should commence from January 30, 2024, the date of the election, irrespective of when he officially assumed the post. “The date of election determines the tenure, not the physical occupation of office,” the Bench clarified.
This high-profile case now hinges on the court’s ruling regarding the voting mechanism and observer appointment, which will shape the upcoming election process.
