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Adv Shifa
Adv Shifa. | 8 months ago | 270 Views

AAP Candidate New Mayor Of Chandigarh, SC Decides

Written by:

Adv Shifa Adv Shifa

Updated: 09-03-2024

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While deciding the case of Kuldeep Kumar v. U.T. Chandigarh SLP(C), the Supreme Court heavily rebuked the Presiding Officer (PO) for the  Chandigarh Mayoral Elections, Mr Anil Masih, after it came to conclusion that he deliberately tried to meddle with the vote counting process and thus, affecting the election results. 

Quashing the election results and declaring AAP-INC Alliance candidate  Mr Kuldeep Kumar as the Mayor of Chandigarh, criminal proceedings provided under Section 340 of the Code of Criminal Procedure were also initiated against Mr Masih for making false statements by the Court.

The Presiding Officer found guilty of misdemeanour-

  • It was found by the Court that Mr Masih was guilty as he deliberately tried to  deface eight ballot papers which were in favour of the AAP-INC Candidate, in order to declare them as invalid and having them discounted from final results.
  • The CJI observed, that it was proven that in each of the ballots so marked, the vote was  casted in the favour of the petitioner, i.e. the AAP-INC alliance. Presiding Officer, thus marked the ballots with the sole purpose of creating grounds so as to treat the ballot to be casted in an illegal manner. 
  • The Court also remarked that the Presiding Officer is guilty of a serious misdemeanour, with how he acted in his capacity as presiding officer.
  • The Court held that the PO shall be held responsible under Section 340 CrPC for making false statements. Thus, ordering the Registrar Judicial to issue a show cause notice to Anil Masih, as to why steps should not be taken against him under Section 340 CrPC.
  • Mr Masih, in the hearing held on the previous day explained that he had marked the  defaced ballot papers in order to ensure that they would not get mixed with the other papers. 
  • But, the Court, after having physically examined the 8 ballot papers under question, found that they were not defaced, thus rendering the statement submitted by Mr. Masih as false.
  • The Court held that the PO was given a notice explaining the serious consequences, in case he is found to have submitted an incorrect statement before the Court.

Re-elections would lead to the destruction of democratic principles-

  • Even though the Court took note of the fact that wrongfully selected Mayor Mr. Manohar Sonkar had resigned, the option of setting aside the entire election procedure and a re-election was denied by the Court.
  • The Court observed that it would not be appropriate to declare the entire election process as null and void, when the only problem which was found was at the stage of counting votes by the Presiding Officer, and allowing the entire election process to be cancelled  would ultimately lead to a destruction of the fundamental democratic principles due to the conduct of the PO.
  • The Court while recognising its powers to ensure complete justice provided under Article 142, expressed an urgent need to step in to safeguard the electoral democracy.
  • The Bench observed that it is duty bound, especially under Article 142 to ensure proper  justice so that the process of electoral democracy is not thwarted by such subterfuge. 

Final result of the Chandigarh Mayoral Elections-

  • It was also observed by the Court that all the 8 ballots, wrongly declared as invalid, had the votes in favour of the AAP councillor. Petitioner, i.e. the AAP councillor Kuldeep Kumar, had 12 votes in his favour, as well as the 8 votes which were treated as invalid wrongly by the PO, were validly passed in the petitioner’s favour, making the tally at 20 votes in favour of Kuldeep Kumar. 8th respondent the BJP candidate, on the other hand, had 16 votes in his favour.
  • The Court, in its decision, finally declared the AAP-INC Candidate and Petitioner Mr Kuldeep Kumar as the Mayor of the Chandigarh Municipal Corporation, while setting  aside the results declared by the PO Mr.Anil Masih in the favour of Mr. Manoj Sonkar.

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Court Marriage Process In Delhi +91-88770-01993

Court Marriage Process In Delhi +91-88770-01993

Adv Shifa • 07/09/2024

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

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