The Supreme Court has intervened in the AAP-BJP dispute over the Chandigarh mayoral election, ruling against a fresh poll. Instead, it plans to appoint an unbiased Returning Officer. The BJP gained an advantage with the defection of three AAP lawmakers. Allegations against the original Returning Officer were denied vehemently by the BJP.
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On 19th February , the Supreme Court took a significant step in the ongoing politico-legal battle between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) concerning the controversial Chandigarh mayoral election held last month. Chief Justice DY Chandrachud announced that the eight “defaced” ballot papers, central to the dispute, must be presented in the court at 10:30 am on Tuesday.
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The election, which resulted in Manoj Sonkar of the BJP being elected Mayor with a four-vote margin, faced scrutiny as eight ballots from AAP councillors were declared “invalid” without apparent cause. Chief Justice Chandrachud clarified that no fresh poll would be necessary to resolve the dispute. Instead, the court outlined a plan to appoint a new Returning Officer, independent of any political affiliation, to oversee the election process.
“What we propose to do is this… we will direct the Deputy Commissioner to appoint a fresh Returning Officer, one who is not aligned to any political party. The process shall be taken to the logical conclusion from the stage it stopped before the declaration of results,”
– stated Chief Justice Chandrachud.
“Let the results be declared disregarding any mark put by the (original) Returning Officer (Anil Masih). Let the process be overseen judicially by the (Punjab and Haryana) High Court,”
-he added.
The court’s intervention is perceived by many as a potential setback for the BJP, which would have benefited from a re-election. Despite the BJP’s lack of majority in the January 31 poll, the defection of three AAP lawmakers to their side has given them a clear advantage. With 17 votes in the 35-member Municipal Corporation, along with the support of an Akali Dal councillor and the Chandigarh Lok Sabha MP, the BJP holds 19 votes.
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The AAP, now with only 10 members, and its ally, the Congress, with seven, face an uphill battle in a fresh election. This shift in power dynamics has also reignited discussions about ‘horse-trading,’ a concern raised during the court proceedings. The Chief Justice acknowledged the seriousness of the allegations, stating-
“The scare was that this will lead to horse-trading… that has happened now.”
The court also scrutinized the role of the original Returning Officer, Anil Masih, in the controversy, labeling his actions a “mockery of democracy.” A video surfaced, showing Masih, then a member of the BJP’s Minority Cell, writing on eight ballot papers from AAP councillors before recording them. The AAP argued that this invalidated votes, turning an expected victory into a questionable outcome.
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The BJP firmly denied these accusations.
