The Supreme Court has stepped in to ensure transparency in the upcoming Chandigarh Mayoral Elections, appointing retired Punjab and Haryana High Court judge Justice Jaishree Thakur as an Independent Observer. The elections, scheduled for January 30, will now be conducted under her physical supervision to prevent a repeat of last year’s vote-tampering controversy.
Court’s Directive for Transparent Elections
A bench of Justices Surya Kant and N Kotiswar Singh passed the order after Solicitor General Tushar Mehta, representing the Chandigarh Municipal Corporation, agreed to the appointment. The court emphasized the need for a fair process, stating:
“The election proceedings shall be conducted in the physical presence of the learned Observer. The proceedings will be videographed, and all security arrangements must be ensured.”
Read Also - Supreme Court Directs Nationwide Action to Tackle Snakebite Crisis, Ensure Anti-Venom Access
The court’s decision follows a plea by current Mayor Kuldeep Kumar (Aam Aadmi Party), who sought safeguards for the election. Kumar had earlier approached the Punjab and Haryana High Court to delay the polls until February 2025, arguing his tenure should continue. While the High Court dismissed this request, it rescheduled the elections to after January 29 and allowed Kumar to remain Mayor until then.
Why an Independent Observer Was Needed
The Supreme Court’s intervention stems from last year’s election chaos. In February 2024, the court overturned the results of the Chandigarh Mayoral polls after discovering that the Presiding Officer, Anil Masih, had deliberately invalidated eight ballots cast in favor of Kuldeep Kumar. This manipulation led to BJP candidate Manoj Sonkar’s controversial victory. The court later declared Kumar the rightful winner, highlighting the need for stricter oversight.
“The Presiding Officer’s actions were illegal and malafide,” the Supreme Court noted in its 2024 judgment.
Despite the Municipal Corporation’s resolution to conduct future elections via “show of hands” instead of ballot papers, the Deputy Commissioner issued a letter ignoring this change. Kumar then approached the Supreme Court, demanding an Independent Observer and a transparent voting method.
Read Also - Supreme Court Directs No WhatsApp or E-Service for Section 41A CrPC/BNSS Notices
Key Safeguards for the January 30 Elections
- Physical Supervision: Justice Thakur will be present throughout the election process.
- Videography: The entire proceeding will be recorded to prevent disputes.
- Security Measures: Adequate security arrangements will be made to ensure order.
- Honorarium: The court approved a payment for Justice Thakur’s services.
- Solicitor General Tushar Mehta, while accepting the court’s decision, remarked, “History may not repeat itself every time.” However, the bench emphasized that the Observer’s role was critical to restoring public trust.
Background
Chandigarh’s mayoral elections have been marred by controversy. In 2024, the BJP initially secured 16 votes against Kumar’s 12, but eight ballots were invalidated under dubious circumstances. The Supreme Court’s investigation revealed that these ballots were marked unlawfully, leading to Kumar’s reinstatement.
The recent legal battle began when Kumar challenged the UT administration’s decision to ignore the Municipal Corporation’s resolution for “show of hands” voting. The Punjab and Haryana High Court initially refused to delay the elections but later rescheduled them, prompting Kumar to seek the Supreme Court’s intervention for stricter oversight.
Read Also - SC delivered a split verdict on a Christian man's plea to bury his father in Chindwara village Chhattisgarh
The appointment of an Independent Observer marks a significant step toward fair local governance. By ensuring transparency, the Supreme Court aims to prevent political clashes and uphold democratic principles. As Justice Thakur oversees the elections, all parties—including the AAP, BJP, and Congress—will be under scrutiny to follow due process.
“Free and fair elections are the foundation of democracy. The Observer’s presence guarantees that every vote counts,” the court reiterated.
Appearances:
- Senior Advocate Gurminder Singh, Advocate Ferry Sofat, and AoRs Karan Sharma & Vivek Jain represented Mayor Kuldeep Kumar.
- Solicitor General Tushar Mehta appeared for the Chandigarh Municipal Corporation.
Case Title: Kuldeep Kumar v. U.T. Chandigarh & Ors. (Diary No. 4190-2025)
