Chandigarh Mayor Polls: High Court Seeks UT Admin's Response On AAP Councillor's Plea Alleging Vote Tampering But Refuses To Stay Election Result

The Punjab and Haryana High Court today sought response from the Chandigarh UT administration and the Municipal Corporation of Chandigarh on a plea filed by AAP Councillor Kuldeep Kumar, alleging vote tampering in the Mayor Elections where BJP candidate emerged victorious on Tuesday.

While issuing notice on the plea, a division bench of Justice Sudhir Singh and Justice Harsh Bunger granted three weeks time to the respondents.

However, it declined the request made by Senior Advocate Gurminder Singh, appearing for the AAP Councillor, to dissolve the functioning of the office until further orders. "Whether counting was proper, whether procedure was followed or not…These are all questions of facts," it reasoned.

The record of the election has been preserved in the strong room, the counsel appearing for UT government informed the Court.

Kumar alleges that 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. Kumar claims 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 alleged that the Presiding Officer shuffled the casted votes from one basket to another, to create confusion and compromise the election process.

"The gentleman appointed (presiding officer) has tampered with ballot papers live on camera...The man himself marks on the ballot paper and rejects for the reason that it was marked...8 votes were manipulated and marked by him...We have shared the video recorded by Chandigarh administration, your Lordships may see it in your chambers," Senior Advocate Gurminder Singh submitted.

Kumar has sought setting aside of the impugned election result "as the same is a result of complete fraud and forgery laid upon the democratic process" and prays for holding of fresh elections in a free and fair manner under the supervision of a retired High Court Judge.

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 Senior Advocate Gurminder Singh and Advocates Ramanpreet Singh Bara, KS Kharbanda and Ferry Sofat 

Senior Standing Counsel Anil Mehta represented the UT Chandigarh

Public Prosecutor Manish Bansal for the Chandigarh Police

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