High Court notice to Chandigarh Admn on plea challenging mayoral polls

Tribune News Service

Saurabh Malik

Chandigarh, January 31

A day after the BJP candidate emerged victorious in the UT mayoral polls, the Punjab and Haryana High Court did not stay the result on a specific prayer by petitioner-elected AAP councillor Kuldeep Kumar.

Taking up the matter, the Bench of Justice Sudhir Singh and Justice Harsh Bunger issued notice of motion, among others, to the UT of Chandigarh, before fixing February 26 as the next date of hearing in the matter.

Will move SC: Mann

• CM Bhagwant Mann said on Wednesday that AAP would soon move the SC to seek directions for an early hearing of its petition alleging irregularities in the conduct of the mayoral polls in Chandigarh.
• Mann, during a press briefing after chairing a meeting of deputy commissioners, said they would have to move the apex court to seek justice. “What happened during the election is all there in the video recording. Why does the Chandigarh Administration need three weeks to give its report,” he asked. tns

As the matter came up for preliminary hearing, senior advocate Gurminder Singh, on the petitioner’s behalf, prayed for a stay on the results declared. The respondents, on the other hand, submitted that the result of the election should not be stayed. It was added that the result was being challenged on the basis of “disputed questions of fact”, which could not be decided under Article 226 of the Constitution.

Taking note of the rival contentions, the Bench asserted: “Considered. Put up after three weeks on February 26.”

The notice issued to the respondents was, earlier during the hearing, accepted by UT Senior Standing Counsel Anil Mehta, along with counsel Sanjiv Ghai, Sumeet Jain, Himanshu Arora and Nishant Indal. Notice was also accepted by advocate Prateek Gupta, UT Public Prosecutor Manish Bansal, Additional Public Prosecutor Rajeev Anand, besides counsel Ankush Singla and Navjit Singh. They also sought four weeks’ time to file response.

Kuldeep, in his petition, was seeking the setting aside of the election process, describing it as a “result of complete fraud and forgery laid upon the democratic process”. Directions were also sought to hold the election process afresh in a free and fair manner, in accordance with the rules and regulations, under the supervision of a retired High Court Judge to prevent “malpractice”.

He also sought an investigation by an independent agency, such as a special investigation team headed by UT SSP, into the “entire fraud committed during the election process”.

Directions were also sought for the UT of Chandigarh and other respondents to “seal, preserve and present before the High Court the entire process of the election held on January 30, including the record of ballot papers, proceedings of the election process, and videography done under the court”.

Kuldeep also prayed for a direction to restrain respondent Manoj Kumar Sonkar from discharging the Mayor’s functions. The petition was filed through counsel RPS Bara, KS Kharbanda and Ferry Sofat.

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