Summary
The Presiding Officer improperly invalidated eight valid ballots during the Chandigarh mayoral election count. Exercising its Article 142 power in this exceptional case, the Court set aside the declared result, counted those ballots for Kuldeep Kumar and declared him elected; it also directed issuance of a show-cause notice concerning the Presiding Officer’s statement to the Court.
Issues
- Whether the Presiding Officer lawfully rejected eight ballots cast for the appellant.
- What relief was required after the improper rejection altered the mayoral election result.
Provisions considered
- Regulations 6(1) and 6(9), Corporation (Procedure and Conduct of Business) Regulations, 1996The voting and counting rules did not permit the Presiding Officer to invalidate ballots that were validly marked for the appellant. (¶¶ 18-19, 25-30)
- Article 142, Constitution of IndiaThe Court used its complete-justice power to correct the exceptional electoral misconduct by the Presiding Officer and preserve the valid election result. (¶ 35-39)
- Section 340, Code of Criminal Procedure, 1973The Court directed a show-cause notice on whether proceedings should be initiated concerning the Presiding Officer’s apparently false statement to the Court; it did not make a final finding under this section. (¶ 40-42)
Held
- The eight ballots were validly cast for the appellant. The Presiding Officer acted beyond the governing regulations by treating them as invalid. (¶ 25-30)
- Because the Presiding Officer’s conduct altered the result and was established from the ballots and video, the Court could grant exceptional relief under Article 142 without setting aside the entire election process. (¶ 33-38)
- With the eight valid ballots counted, Kuldeep Kumar had twenty votes to the other candidate’s sixteen and was declared the validly elected Mayor. A show-cause notice was directed regarding possible Section 340 proceedings; the question remained open for response. (¶ 38-42)
Result
The declared result was set aside and Kuldeep Kumar was declared elected Mayor. A show-cause notice was directed to the Presiding Officer; other municipal elections were to proceed according to law.