Supreme Court’s Decision to Invalidate Chandigarh Mayor Election Under Article 142: Analysis and Impact         

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February 21, 2024

Supreme Court’s Decision to Invalidate Chandigarh Mayor Election Under Article 142: Analysis and Impact         

Introduction:

  • The recent Supreme Court ruling, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, has stirred significant discourse by quashing the outcome of Chandigarh’s mayoral election held on January 30. While the verdict upheld the electoral process, it deemed the election result as “contrary to law” and declared Kuldeep Kumar as the rightfully elected candidate, shedding light on the critical implications of this decision.

Grounds for Striking Down the Result:

  • The apex court invoked its authority under Article 142 of the Constitution to ensure “complete justice” and safeguard the integrity of electoral democracy. By emphasizing the detrimental impact of allowing such irregularities to persist, the court underscored the foundational principles upon which India’s democratic framework stands. Specifically, the court found that the invalidation of eight ballots cast in favor of AAP-Congress candidate Kuldeep Kumar ‘Tita’ was unjustifiable, thereby altering the outcome of the election.

Significance of the Mayoral Election:

  • Despite the limited powers vested in the Mayor of Chandigarh Municipal Corporation, the mayoral election held substantial political significance. Notably, this election witnessed a novel alliance between the Aam Aadmi Party (AAP) and Congress, presenting a formidable challenge to the BJP and potentially shaping future political alliances, including those for the upcoming Lok Sabha elections.

Pre-Election Context and Events:

  • The run-up to the election was marred by controversies and procedural discrepancies. Initially scheduled for January 18, the voting was postponed due to the illness of the presiding officer, Anil Masih. Amidst legal interventions, the election eventually took place on January 30, wherein the BJP candidate emerged victorious following the rejection of AAP-Congress votes deemed invalid by Masih.

Judicial Response and Accountability:

  • The Supreme Court’s response to the election irregularities was swift and resolute. Justice Chandrachud’s unequivocal condemnation of Masih’s actions, coupled with the court’s decision to summon him and issue a show cause notice, underscored the gravity of the situation. The court’s emphasis on accountability and adherence to democratic norms serves as a potent reminder of the judiciary’s role in upholding the sanctity of elections.

Conclusion:

  • In conclusion, the Supreme Court’s intervention in the Chandigarh mayoral election not only rectifies a manifest injustice but also reaffirms the judiciary’s commitment to preserving the democratic fabric of the nation. By exercising its constitutional mandate under Article 142, the court has underscored the imperative of fair and transparent electoral processes, thereby setting a precedent for future electoral disputes.

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Supreme Court’s Decision to Invalidate Chandigarh Mayor Election Under Article 142: Analysis and Impact | Vaid ICS Institute