A Murder of Democracy – Supreme Court Criticizes Chandigarh Mayoral Election Irregularities

The Supreme Court of India has taken a significant stance in the case concerning alleged irregularities in the Chandigarh mayoral election. The primary legal point revolves around the conduct of the returning officer, Anil Masih, and the integrity of the electoral process.

The case emerged against the backdrop of the BJP’s victory in the Chandigarh mayoral polls held on January 30, which was marred by allegations of ballot paper tampering. The Congress-AAP alliance accused Anil Masih of tampering with the ballot papers during the counting process. The Aam Aadmi Party (AAP) approached the Supreme Court challenging the Punjab and Haryana High Court’s decision, which had earlier denied interim relief and refused to order fresh elections.

The Supreme Court, comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, expressed grave concern over the allegations. The Court noted, “The integrity of the electoral process is a fundamental pillar of democracy, and any interference with it is akin to a murder of democracy.” The Court ordered the preservation of all election records, including the contentious ballot papers and video recordings of the counting process, for a detailed examination.

Justice Chandrachud remarked, “Any form of tampering or undue influence in the election process undermines the will of the people and cannot be tolerated.” The bench also ordered the prosecution of Anil Masih for his alleged role in interfering with the electoral process.

The Supreme Court directed the judicial officer responsible for safeguarding the election records to be provided with security. The Court scheduled a further examination of the ballot papers and video recordings on February 20, 2024, which is crucial for determining the outcome of the case.

Next date : February 20, 2024

KULDEEP KUMAR VS U.T. CHANDIGARH & ORS.