New Delhi: The Supreme Court on Friday said it is inclined to appoint an observer, possibly a retired high court judge, to the Chandigarh mayoral election, slated on January 30, to ensure that the election is "free and fair".
The matter came up before a bench comprising Justices Surya Kant and N Kotiswar Singh. The top court issued notice on the limited purpose of appointing an independent observer to conduct the election. "Issue notice for the limited purpose of appointing an independent observer to conduct the election scheduled to be held on January 30, 2025. Meanwhile, the election process will continue," said the bench, in its order. Punjab Advocate General Gurminder Singh represented the mayor before the bench.
During the hearing, Singh requested the bench to issue a notice on polling by "show of hands". Citing last year’s mayoral election, Singh said, "We all know what happened during last elections when it was a secret ballot and CCTV video recording….”.
The apex court was informed in the last election the ballot papers were defaced by the presiding officer. Singh submitted that a resolution was passed by the House for a "show of hand", but they were now informed it would be by "secret ballot".
The bench said the mayor has moved the court seeking free and fair elections, which will be ensured by the court. The bench said the apex court on February 20 effectively restored Kuldeep Kumar's election, which was illegally denied to him. “It will be the date of election which in this case is January 30 and not February 20, when his election was restored. You were declared elected as mayor from the very date of inception….”, observed the bench.
After hearing submissions in the matter, the bench asked Punjab government counsel to suggest a name for the poll observer and also sought a response from the Chandigarh administration. The bench indicated that it may appoint a retired high court judge as an observer for the polls.
The order was passed by the apex court, while hearing a plea filed by Chandigarh mayor Kuldeep Kumar from AAP. Kumar had moved the top court seeking a direction for "show of hands" instead of a "secret ballot" to ensure fairness in the polling process.
The top court has scheduled the matter for further hearing on January 27. 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 as an unlikely winner. The apex court had ordered the prosecution of former returning officer Anil Masih, a BJP member, for “serious misdemeanour”.
