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Election LawSupreme Court of India

Kuldeep Kumar vs U.T. Chandigarh and Others

Not available · 2024 INSC 129Decided 20 Feb 2024
Not available
Chief Justice Dr. Dhananjaya Y. Chandrachud · Justice J.B. Pardiwala · Justice Manoj Misra

Background

This is the widely reported Chandigarh Mayor election case. Kuldeep Kumar, a candidate backed by an AAP-Congress alliance, contested the Mayor's election of the Chandigarh Municipal Corporation on 30 January 2024 against BJP candidate Manoj Kumar Sonkar. The Presiding Officer, Anil Masih, declared Sonkar the winner with 16 votes to Kuldeep Kumar's 12, after treating 8 ballots cast for Kuldeep Kumar as "invalid." Alleging electoral malpractice, Kuldeep Kumar approached the High Court, which declined to stay the result; he then approached the Supreme Court, which had the entire election record, including video footage of the counting, sequestered and produced before it.

Decision Breakdown

On viewing the video footage and physically examining the eight disputed ballots, the Supreme Court found that all eight had, in fact, been validly cast for Kuldeep Kumar, and that the Presiding Officer had deliberately defaced them by scribbling ink marks on the ballots himself during counting: none of the three grounds under the governing regulations for invalidating a ballot were actually present. The Presiding Officer's own explanation (that the ballots were "already defaced") was found to be a deliberate falsehood told to the Court. Rather than ordering a fresh election, which the Court felt would reward and further entrench the misconduct, it invoked its extraordinary power under Article 142 of the Constitution to directly declare Kuldeep Kumar the validly elected Mayor, added the 8 wrongly invalidated votes to his tally (making it 20 against Sonkar's 16), and ordered proceedings for perjury/false-statement (under Section 340 CrPC) against the Presiding Officer.

Lesson Learnt

Free and fair elections (even at the local, municipal level) are treated by the courts as part of the basic structure of democracy, and where video evidence clearly proves that an election officer manipulated the count, the Supreme Court will use its widest constitutional powers to directly correct the result rather than let a subverted process stand or be repeated.

Kuldeep Kumar vs U.T. Chandigarh and Others – Legal Case Shots | LegalAware