Chandigarh Mayor Election: High Court Allows Urgent Listing Of AAP Councillor's Plea For Fresh Polls Over Alleged Vote Tampering

The Punjab and Haryana High Court has allowed urgent listing of a plea moved by AAP Councillor Kuldeep Kumar challenging the Chandigarh mayoral election over alleged tampering of ballot paper. BJP councillor Manoj Sonkar had emerged victorious after the polling held today.

Kumar alleges that the election was conducted in violation of High Court's order and prays that the polls be conducted afresh.

The matter was mentioned today before the bench of Justice GS Sandhawalia and Justice Lapita Banerji.

As per Kumar, the Presiding Officer "in most flimsy manner" declared that he does not want any assistance from the members nominated by the parties contesting the election and he will count the vote himself. He claims that despite objections by the political party, the prescribed authority, i.e. Deputy Commissioner and Secretary of the House did not interfere. The plea mentions that the two are officers of the Haryana Cadre duly ruled by BJP.

"There were three baskets in front of the Presiding Officer, one for the candidate of AAP, the other for the candidate of BJP and third for invalid votes. It is clear from the videography also that the Presiding Officer shuffled the casted votes from one basket to another basket only with a view to create a confusion during which he completely compromised the election process by forgery and tampering," the plea alleges.

In the light of the above, the petitioner has sought setting aside the process of election of mayor of Municipal, Corporation Chandigarh "as the same is a result of complete fraud and forgery laid upon the democratic process."

Directions are also sought for holding of fresh elections in a free and fair manner under the supervision of a retired High Court Judge, so as to ensure that no malpractice is done.

Previously, the High Court had directed the Chandigarh Administration to conduct election for the post of Mayor, Senior Deputy Mayor and Senior Deputy Mayor and Deputy Mayor of Chandigarh Municipal Corporation on January 30, with directions to Chandigarh police to ensure that "no ruckus takes place in or around the Municipal Corporation Office prior to or during or after the election process."

The Mayoral election which was scheduled on January 18, was postponed citing "law and order" issues. AAP councillor had challenged the deferment.

Counsel for the petitioner Advocates RPS Bare, K.S. Kharbanda and Ferry Soft.

Title: Kuldeep Kumar v. U.T. Chandigarh and others.