New Delhi: The Supreme Court on Monday appointed former Punjab and Haryana High Court's judge Justice (Retd) Jaishree Thakur as an independent observer to the Chandigarh mayoral poll, which is slated to be held on January 30.
A bench led by Justice Surya Kant noted that previously in the matter a notice was issued for the limited purpose of appointing an independent observer to ensure that the election is conducted in a fair and free manner on the scheduled date.
The bench made it clear that this court had no doubt at all on the objectivity, independence, or fairness of the authorities. "However, the proposal to appoint an independent observer was mooted having regard to the apprehension expressed by the petitioner," said the bench, also comprising Justice N Kotiswar, in its order.
The bench said Tushar Mehta, Solicitor General representing the Chandigarh Municipal Corporation fairly stated that they have no objection if an independent observer is appointed by this court. The bench nominated the former judge as current mayor Kuldeep Kumar and Chandigarh Municipal Corporation gave consent to it.
"In light of the mutually agreeable stand taken by both sides, we deem it appropriate to appoint Ms. Justice Jaishree Thakur, former Judge of Punjab & Haryana High Court as the independent observer. The election proceedings shall be conducted in the physical presence of the observer. The election proceedings will be duly videographed," said the bench, in its order.
The bench said the returning officer is directed to contact the independent observer and coordinate with the former judge well before the scheduled date of election.
"The observer shall be paid an honorarium of Rs. one Lakh which shall be paid by the Union Territory Administration of Chandigarh within one week. All the necessary security arrangements shall also be made," said the bench.
The order was passed by the top court on a plea filed by Chandigarh mayor Kuldeep Kumar from AAP. Kumar had moved the apex court seeking a direction for "show of hands" instead of a "secret ballot" to ensure fairness in the polling process. Kumar was aggrieved by the high court's refusal to defer the election till February 20 as he claimed he would complete his actual term on that date.
The apex court on February 20, last year, declared defeated AAP-Congress alliance candidate Kuldeep Kumar the UT's mayor overturning the result of the contentious poll where the BJP nominee emerged an unlikely winner. The apex court had ordered prosecution of former returning officer Anil Masih, a BJP member, for “serious misdemeanour”.
