Kuldeep Kumar vs UT Chandigarh: Supreme Court Justice in Mayoral Election – During the Chandigarh Municipal Corporation mayoral election, AAM AADMI PARTY nominee Kuldeep Kumar got justice as he won back the place of mayor from the BJP candidate Manoj Kuman Sonkar. Kuldeep Kumar. The court was led by Chief Justice D.Y Chandrachud as Kuldeep Kumar filed the petition against the Punjab and Haryana High Court. There was live evidence caught on camera, where the leading officer, Anil Masih was seen tampering with eight ballot papers during the polls. Masih attended the courtroom as the general secretary of the minority morcha of the BJP.
Kuldeep Kumar vs U.T Chandigarh Background
It all started during the mayoral elections of Chandigarh’s municipal corporation. According to Kuldeep, the elections were not handled carefully, many problems occurred during that time and his loss was clearly because of a foul play in the system. Kuldeep first took this matter to Punjab and Haryana’s high court but it was no luck for him there. The court was not of any help and definitely did not serve justice to the AAP candidate. This led Kuldeep to take the case to a higher authority which was the Supreme Court and expected a better solution.
Arguments from both parties
The courtroom proceeded with Chiej Justice Manoj Misra and J.B Pardiwala on the bench. The eight ballot papers, which were in question, were carefully examined in their presence and then the judicial officer, who is appointed by the high court, showed the votes to the judges. They checked the papers by themselves and ruled out that these votes were in favor of Kuldeep Kumar and were unfairly marked by Masih which led Kumar to lose in the elections. The bar members were also given the evidence to be clear. Kuldeep Kumar’s advocates were A.M Singhvi and Gurminder Singh, for Masih’s representation in court, senior advocate Mukul Rohatgi stood up and Sr. Advocate Maninder Singh represented Manoj Sonkar. Rohatgi, in defense of Masih, claimed that the votes were considered invalid and that is why Mashi marked them but the prosecutors were not taking it and replied with evidence that none of the votes cast were invalid in any way. Each and every ballot was folded horizontally so that, even in the event of a split ink, it would still be obvious which candidate it was intended for and that it was cast in favor of Kuldeep Kumar. The prosecutors had very strong evidence that Masih was caught on camera while conducting electoral injustice. The video was played in the court by request and after that, Masih’s lawyer started giving an explanation as to why he did it. Justice Pardiwala was not taking any of it and pointed out that the reason he said a day before in the court was different as to what it is now yet, Rohatgi continued defending him in court.
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Supreme Court Judgement on Kuldeep Kumar Vs UT Chandigarh
To move further with the case Maninder Singh requested the court to cancel the old election and have a fresh election for the justice of everyone present in the court. He reminded the court that Manoj Sonkar, a BJP candidate has resigned from the mayor’s position and now the seat is vacant. Singhvi disagreed with him and claimed that the votes were not invalid in this case, so reelection would not be fair for their client. The court ruled out that the re-election was not necessary because the only malpractice that happened was while the officer was counting votes. It would be fundamentally and democratically wrong to do so, they said. They used their powers under Article 142 to give “full justice” and ruled in favor of Kumar and he was given the eight votes that were taken away from him.
Conclusion
Masih was found guilty for tampering with the votes during the election and for foul play to help Manoj sonkar win the elections. The bench said that masih’s actions are deprecated at two levels, first one is he tampered the votes and the second one is giving a false solemn declaration in court. They gave him the time of three weeks to respond as to why no steps should be taken against him for his foul play in the system.
Why is this case important?
It is very important to know about these cases as corruption is growing and the youth has to understand the consequences of wrong decisions taken. For India, democracy is everything and these cases prove it. If the officers who serve for India, won’t be fair, how will the country improve? AAP did not just win the case but showed its courage by standing up for what is right and making sure justice is served. The Kuldeep Kumar Vs UT Chandigarh
The case will always remind people to be honest and fair further in elections. It was also very crucial for this generation to learn about these small crimes which could lead to such huge consequences, like losing one’s job and reputation just because of greed and dishonesty.
Faq
What is the Kuldeep Kumar vs UT Chandigarh case about?
This case revolves around allegations of electoral malpractice during the Chandigarh Municipal Corporation’s mayoral election.
What evidence was presented in court?
A video recording showing Anil Masih tampering with ballot papers was shown.
What was the Supreme Court’s decision?
The court ruled in favor of Kuldeep Kumar, granting him the disputed votes and declaring him the rightful winner.