SC overturns mandate theft in Chd mayor poll

The Supreme Court on Tuesday overturned the results of Chandigarh mayoral polls and declared the Aam Aadmi Party candidate (AAP) the winner, in a landmark decision which doused an unprecedented controversy that erupted last month after the returning officer was caught on camera brazenly defacing ballots.

- Abraham Thomas

A three-judge bench of the top court held the earlier election results to be "patently illegal" and ordered criminal proceedings against the returning officer, former Bharatiya Janata Party (BJP) office-bearer Anil Masih, for deliberately defacing eight ballots and lying before the court.

"We order and direct that the election result, as declared by the presiding officer Anil Masih, will stand set aside and the petitioner (Kuldeep Kumar) will be declared elected as the mayor of the Chandigarh municipal corporation," said the bench, headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.

"We are of the view that the court must step in such exceptional circumstances to ensure that the basic democratic mandate is ensured," the bench, also comprising justices JB Pardiwala and Manoj Misra, held.

The decision handed the beleaguered Indian National Developmental Inclusive Alliance (INDIA) a rare victory that was hailed by AAP and Congress leaders. The court's verdict also gains significance as it comes just months ahead of the general elections.

"The message of this poll is that if INDIA bloc parties remain united and work strategically, they can defeat the BJP," Delhi Chief Minister Arvind Kejriwal said later.

The BJP would have held an advantage if the court had ordered fresh polls as its numbers swelled by three following the defection of three AAP councillors two days ago. To be sure, the defection is likely to have no impact on the House given that a no-confidence motion needs two-thirds support to be introduced.