The Supreme Court has agreed to hear the plea of Aam Aadmi Party (AAP) councillor Kuldeep Kumar, seeking fresh mayoral polls in Chandigarh.
This comes in the aftermath of the Bharatiya Janata Party's (BJP) victory in the election, where a total of eight votes were invalidated, sparking allegations of vote tampering among the opposition.
The AAP and Congress have raised concerns about the integrity of the electoral process, prompting Kumar to approach the court for a reevaluation.
Senior advocate Abhishek Manu Singhvi, representing Kumar, brought the matter to the court's attention, citing a video purportedly showing returning officer Anil Masih acting unfairly.
Singhvi emphasised the seriousness of the issue, urging an urgent listing of the plea.
The bench, comprising Chief Justice of India (CJI) Dhananjaya Y Chandrachud and Justices JB Pardiwala and Manoj Misra, acknowledged the plea, stating, "It will be listed."
However, the court refrained from specifying a date for the listing.
Kumar's plea challenges the decision of the Punjab and Haryana High Court, which on January 31, refused to stay the election or restrain Mayor Manoj Sonkar from assuming office.
The AAP councillor accuses Anil Masih, the Presiding officer, of tampering with the voting process. Kumar alleges that Masih prevented mayoral candidates from monitoring the vote counting.
In the contested mayoral election, Kumar secured 12 votes after eight were declared invalid by Masih. In contrast, Sonkar received 16 votes out of the 35-member corporation.
Despite the combined strength of 20 councillors from the AAP and Congress, the BJP emerged victorious, securing the posts of senior deputy mayor and deputy mayor.
Kumar contends that Masih's actions were questionable, pointing to video evidence. He asserts that a separate basket for invalid votes was shuffled, compromising the entire election process.
Furthermore, Kumar claims that the nominees were not allowed to inspect the invalid votes, and the reasons for invalidating them remain unknown.
In his plea, Kumar criticises the high court's decision not to stay the election results, allowing Sonkar to assume the mayoral office. He argues that this effectively validates a corrupt practice, violating the fundamental principles of democracy – free and fair elections – and eroding public trust.
The high court has admitted Kumar's plea and granted three weeks to the Chandigarh administration, including Masih and other parties, to file their responses. The next hearing is scheduled for February 26.
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