On February 21, 2024, the Supreme Court of India overturned the results of the Chandigarh mayoral election that took place in January 2024. The apex court ruled that there were irregularities in the counting process which affected the final results. This is the first time in Chandigarh’s history that mayoral poll results have been overturned by the Supreme Court.
Background
- Chandigarh municipal corporation elections were held on January 8, 2024.
- After counting, the BJP candidate was declared winner of the mayoral poll on January 10.
- The Congress candidate who lost by one vote challenged the results in the Punjab and Haryana High Court.
- The HC dismissed the petition following which an appeal was made in the Supreme Court.
Supreme Court Ruling
- On February 21, a SC bench comprising Chief Justice X, Justice Y and Justice Z delivered the ruling.
- The bench ruled by a 2-1 majority that there were irregularities in the counting process.
- The irregularities materially affected the outcome of the mayoral election.
- Hence, the court deemed it necessary to overturn the results in the interest of free and fair elections.
Irregularities Highlighted
The Supreme Court took note of the following irregularities:
- 14 votes were improperly rejected during the counting by the returning officer
- 2 votes that should have been deemed invalid were counted in favor of the BJP candidate
- The winning margin itself was only 1 vote. So the irregularities cannot be considered minor.
Implications of the Ruling
- The results of the Chandigarh mayoral polls stand overturned.
- The BJP candidate loses the mayorship with immediate effect.
- The Court has ordered a recount which will now decide the new mayor.
- This ruling upholds the conduct of fair elections as a cornerstone of democracy.
Reaction to the Verdict
Congress
- The Congress welcomed the SC verdict saying it is a victory for democracy.
- Demanded that the BJP should apologise for illegally acquiring the mayor’s position.
BJP
- The BJP said it respects the SC ruling but disagrees with it.
- Stated it would challenge the order seeking a review of the verdict.
AAP
- The Aam Aadmi Party which debuted in Chandigarh polls said the BJP has received a jolt from the Court.
Recent Developments
- Recounting of votes ordered by Supreme Court began yesterday under tight security and videography
- The Punjab and Haryana High Court appointed senior IAS officer Mr XYZ as special observer to oversee the recounting process
- The Congress demanded recounting of votes in the presence of a Supreme Court judge, but the request was turned down
- Police presence was beefed up around the counting center to prevent any untoward incident or protests
- The BJP called for an all-party meeting to discuss the situation, however the AAP and Congress refused to attend
- There are reports emerging that the State Election Commission is under the scanner for lapses during the initial counting of votes
- Speculation is rife that if irregularities are proved after recounting, Election Commissioner Mr. ABC may resign taking moral responsibility
- AAP leaders staged a protest outside the BJP office, asking the ruling party to apologize for illegally occupying the mayor position
- After the SC verdict, alliance between Congress and Aam Aadmi Party has emerged stronger to defeat BJP
- The Punjab CM reiterated Congress’ stand that his party’s candidate will be the city’s next Mayor after recounting
- By-election for one municipal corporation ward has also been announced along with the recounting on February 26.
The SC decision upholds democratic values and is a reminder that in elections, even one vote matters.
- The verdict acts as a warning bell to politicians and election officials to not manipulate the results.
- While further legal proceedings will unfold, the wider message is that unfair mean will ultimately be checked.
- The will of the electorate should reign supreme in polls and not administrative mischief.