Supreme Court may appoint observer in Chandigarh mayoral poll to ensure 'free and fair' elections

New Delhi: The Supreme Court on Friday may appoint a retired high court judge as an observer to the Chandigarh mayoral poll to be held on January 30, to ensure that the election is "free and fair".

A bench of Justices Surya Kant and N Kotiswar Singh decided to examine a plea for the limited purpose of appointing an independent observer to conduct the election.

Punjab Advocate General Gurminder Singh, appearing for the mayor urged the court to issue a notice on polling by "show of hands".

Referring to 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 court was told 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.

Upon hearing submissions, 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 plea was 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 court fixed the matter for further hearing on January 27.

On February 20, 2024, the apex court had 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 court had then ordered the prosecution of former returning officer Anil Masih for “serious misdemeanour”.