After filing a petition that raised concerns of fraud in the BJP’s victory and forgery in the rejection of eight votes, the Punjab & Haryana High Court issued a notice on Wednesday and scheduled the matter for a hearing in three weeks.
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In a recent turn of events that has stirred the political landscape of Chandigarh, the mayoral election has become a hotbed of controversy and legal battles. The election, which saw BJP’s Manoj Sonkar emerge victorious against the Congress-AAP alliance candidate, has been marred by allegations of fraud and procedural violations, leading to a significant legal challenge that has reached the doors of the Supreme Court.
“Considered”, the Court said in the order while proceeding to adjourn the matter to February 26, 2024.
Manoj Sonkar, the BJP candidate, secured the mayor’s position with 16 votes, surpassing the 12 votes garnered by the Congress-AAP candidate, Kumar. However, the election’s integrity was called into question when eight votes were declared invalid, a decision that has since sparked a legal and political firestorm.
The heart of the controversy lies in the allegations put forth by Kumar, who has accused the election process of being compromised through forgery and tampering. In a dramatic move, Kumar petitioned the High Court, seeking immediate intervention and a stay on the election results. The petition highlighted a “complete departure from practice and rules,” focusing on the refusal of the Presiding Officer, Anil Masih, to allow party nominees to monitor the vote counting process. This refusal was met with protests from both the Aam Aadmi Party (AAP) and Congress, although their objections were ultimately disregarded.
“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 Aadmi 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.
Kumar’s plea paints a picture of an election process fraught with irregularities. It alleges that the Presiding Officer engaged in deliberate actions to sow confusion and manipulate the outcome, including shuffling votes between baskets designated for the AAP-Congress alliance, the BJP, and invalid votes. This maneuvering, according to the plea, was aimed at tampering with the election process, a serious accusation that casts a shadow over the legitimacy of the election results.
Despite these grave allegations, the High Court’s response was measured. While it issued notice and agreed to hear the matter, it refrained from granting an immediate stay on the election results. The division bench, comprising Justice Sudhir Singh and Justice Harsh Bunger, opted to adjourn the matter to a later date, leaving the political fate of Chandigarh’s mayoralty hanging in the balance.
Kumar’s petition goes beyond seeking justice for the alleged irregularities. It calls for a fresh election to be conducted in a “free and fair manner” under the supervision of a retired High Court judge, a request that underscores the deep mistrust in the current electoral process.
The allegations of fraud and the subsequent legal challenge highlight a critical moment for democracy in Chandigarh. The mayoral election, a cornerstone of local governance, has been thrust into the limelight, exposing the vulnerabilities and challenges of conducting free and fair elections. As the matter proceeds to the Supreme Court, the eyes of the nation are fixed on Chandigarh, awaiting a resolution that will not only determine the city’s leadership but also set a precedent for electoral integrity and justice.
In the midst of this legal and political saga, the quotes from the court proceedings and the petition itself offer a glimpse into the contentious nature of the dispute. The court’s decision to consider the submissions without granting an immediate stay reflects the complexity of the case and the need for a thorough examination of the allegations. Meanwhile, the plea’s vivid description of the alleged electoral malpractices brings to light the critical importance of transparency and fairness in the electoral process, principles that are fundamental to the functioning of a democratic society.
As the Supreme Court prepares to hear the case, the outcome will undoubtedly have far-reaching implications for electoral politics in Chandigarh and potentially beyond. The controversy over the mayoral election serves as a reminder of the fragility of democratic processes and the vigilance required to safeguard them against manipulation and fraud.
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