In response to a petition alleging fraud in the Tuesday election for the position of Mayor of Chandigarh Municipal Corporation [Kuldeep Kumar v. UT Chandigarh And Ors], the Punjab and Haryana High Court on Wednesday requested responses from the Chandigarh Administration and the Municipal Corporation Chandigarh.
On the petition of Aam Aadmi Party Councillor Kuldeep Kumar, a division bench consisting of Justices Sudhir Singh and Harsh Bunger served notice and directed the respondents to submit their responses within three weeks.The records of the Tuesday’s election have already been kept in the strong room, the Court was informed. Nevertheless, no temporary decree was issued to uphold the outcomes.
Manoj Sonkar of the Bharatiya Janata Party (BJP) won 16 votes to the Congress-AAP candidate’s 12 votes, making him the new mayor on Tuesday. In the process, eight votes were declared void.
Kuldeep Kumar, the joint candidate of the AAP and Congress Party, contested the ruling, claiming that the Presiding Officer had used fraud and forgery during the counting procedure.Kumar has prayed for new elections to be held under the supervision of a retired High Court judge, in a free and fair manner.
Kumar claimed in the petition that the Presiding Officer had completely deviated from convention and rules by refusing to permit the party nominees to watch the vote counting.
“The Presiding Officer in most flimsy manner addressed to the House that he does not want any assistance from the members nominated by the parties contesting the election and he will count the vote himself. The voices were raised by the Aam Admi Party and Congress but their requests were not heeded, but surprisingly the Deputy Commissioner, Respondent No.2 and the Prescribed Authority, who was also in the same capacity in the last year’s election remained mum,” the petition said.
Punjab and Haryana High Court declines to stay result of Chandigarh mayoral election amid allegations of ‘ballot-tampering
According to LiveLaw, Justices Sudhir Singh and Harsh Bunger made up the division bench that heard the case.
On Tuesday, January 30, the election results were declared. Manoj Sonkar of the Bharatiya Janata Party (BJP) received 16 votes, while Kuldeep Kumar of the Congress-AAP received 12 votes.
The results of the mayoral elections were challenged by Congress-AAP candidate Kumar in a motion filed with the High Court on Tuesday. Kumar claimed that the results were the “result of complete fraud and forgery laid upon the democratic process by the respondents and especially Manoj Kumar Sonkar (the newly elected BJP Mayor) and the Presiding Officer Anil Masih.”
On Wednesday, January 31, the Punjab and Haryana High Court refused to stay the Chandigarh mayoral election results, which Congress-Aam Aadmi Party (AAP) candidate Kuldeep Kumar had challenged.
