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In a significant verdict, the Supreme Court on Tuesday pronounced Aam Aadmi Party (AAP) candidate Kuldeep Kumar as the rightful winner of the Chandigarh Mayoral polls. This decision comes after the apex court deemed the results declared by Presiding Officer Anil Masih as unlawful and ordered them to be set aside.
The controversy stemmed from Masih’s invalidation of 8 ballot votes cast in favor of the AAP candidate, a move that the Supreme Court condemned as altering the course of the mayoral election unlawfully. The court also criticized Masih for making false statements before the court on February 19, emphasizing the need for accountability.
Refusing to annul the entire election process, the Supreme Court highlighted that the flaw lay solely in the counting process and deemed it inappropriate to invalidate the entire democratic mandate. Instead, the court intervened to rectify the irregularities and ensure the integrity of the democratic process.
In its operative judgment, the Supreme Court recalculated the votes, determining that the petitioner, Kuldeep Kumar, secured 20 valid votes, surpassing the 16 votes garnered by the 8th respondent. Consequently, the court declared Kumar as the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.
Furthermore, the Supreme Court deemed the conduct of Anil Masih as warranting proceedings under Section 340 of the Criminal Procedure Code (CrPC). The court directed the Registrar Judicial to issue a notice to Masih, compelling him to show cause as to why legal action should not be initiated against him.
This landmark ruling by the Supreme Court not only upholds the democratic mandate but also underscores the judiciary’s commitment to ensuring fair and transparent electoral processes. As Chandigarh prepares to welcome its new Mayor, this verdict serves as a reminder of the judiciary’s pivotal role in safeguarding the foundations of democracy.
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