KULDEEP KUMAR versus U.T. CHANDIGARH AND OTHERS

Citation: [2024] 2 S.C.R. 693 · Decided: 20-02-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Directions issued

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Judgment (excerpt)

* Author
[2024] 2 S.C.R. 693 : 2024 INSC 129
Kuldeep Kumar 
v. 
U.T. Chandigarh and Others
(Civil Appeal No. 2874 of 2024)
20 February 2024
[Dr Dhananjaya Y Chandrachud, CJI,*  
J B Pardiwala and Manoj Misra, JJ.]
Issue for Consideration
Result of the election to the post of Mayor at the Chandigarh 
Municipal Corporation declared by the Presiding Officer in 
favour of the eighth respondent, if was contrary to law in view 
of the alleged electoral malpractices by him during the counting 
of votes.
Headnotes
Punjab Municipal Corporation Act, 1976 – Punjab Municipal 
Corporation Law (Extension to Chandigarh) Act, 1994 – 
Chandigarh Municipal Corporation (Procedure and Conduct 
of Business) Regulations, 1996 – Regulation 6, Clauses (9) 
to (13) – Election to the post of Mayor at the Chandigarh 
Municipal Corporation – Alleged electoral malpractices by 
the Presiding Officer (Respondent no.7) during the counting 
of votes – 36 votes were polled, of which 8 ballot papers 
were treated to be invalid by the Presiding Officer – Of the 
remaining 28 valid votes, the appellant (candidate of an 
alliance between the Aam Aadmi Party and the Indian National 
Congress) secured twelve votes, while the eighth respondent 
(a candidate of the Bharatiya Janta Party) secured sixteen 
votes – Result of the election was declared in favour of the 
eighth respondent – Correctness:
Held: It is evident from the physical inspection of the eight ballots 
that in each of those cases, the vote was duly cast in favour of 
the appellant – The Presiding Officer placed a line in ink by way 
of a mark at the bottom half of each of the ballots which were 
treated to be invalid – He had evidently put his own aforesaid mark 
to create a ground for treating the ballot to have been invalidly 
cast – In doing so, the Presiding Officer clearly acted beyond 
694
[2024] 2 S.C.R.
Digital Supreme Court Reports
the terms of his remit under the statutory regulations – These 
regulations have been framed by the Municipal Corporation in 
exercise of powers conferred by s.65 of the 1976 Act as extended 
to the Union Territory of Chandigarh – Clause (10) of Regulation 
6 provides for three eventualities in which a ballot can be treated 
as invalid – None of the said eventualities were fulfilled in the 
present case – The vote was cast by placing a rubber stamp on 
the upper half of the ballot and hence the ink mark which was 
placed on the bottom half by the Presiding Officer would be of 
no consequence – Presiding Officer made a deliberate effort to 
deface the eight ballots cast in favour of the appellant so as to 
secure a result at the election by which the eighth respondent 
would be declared as the elected candidate – Result which was 
declared by the Presiding Officer being contrary to law is quashed 
and set aside – Appellant is declared to be the validly elected 
candidate for election as Mayor of the Chandigarh Municipal 
Corporation. [Paras 26-31, 39]
Constitution of India – Article 142 – Exercise of powers under 
– Free and fair elections – Election to the post of Mayor at 
the Chandigarh Municipal Corporation – Writ petition filed 
by the appellant before the High Court alleging electoral 
malpractices by the Presiding Officer during the counting 
of votes, sought the setting aside of the election process 
and for the holding of a fresh election process – High Court 
declined to stay the result of the election declared in favour 
of the eighth respondent – During the course of proceedings 
before this Court, the eighth respondent who was elected 
as Mayor tendered his resignation:
Held: It would be inappropriate to set aside the election process 
in its entirety when the only infirmity which has been found is 
at the stage when the counting of votes was recorded by the 
Presiding Officer – Allowing the entire election process to be set 
aside would further compound the destruction of fundamental 
democratic principles which has taken place as a consequence 
of the conduct of the Presiding Officer – Free and fair elections 
are a part of the basic structure of the Constitution – Elections 
at the local participatory level act as a microcosm of the larger 
democratic structure in the country – Local governments, 
such as municipal corporations, engage with issues that affect 
citizens’ daily lives and act as a primary point of contact with 
[2024] 2 S.C.R. 
695
Kuldeep Kumar v. U.T. Chandigarh and Others
representative democracy – Ensuring a free and fair 

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