The Special Leave Petition argued that the high court erred in not granting any interim relief to the petitioner in the form of stay on outcome of elections for the post of mayor or directing the preservation of electoral records.
Team Clarion
NEW DELHI — The Aam Aadmi Party (AAP) on Thursday moved the Supreme Court against Punjab and Haryana High Court’s refusal to grant an immediate stay on election result in which a Bharatiya Janata Party (BJP) candidate was declared elected as mayor of Chandigarh Municipal Corporation.
The application in the Supreme Court was moved by AAP Councillor Kuldeep Kumar, Bar and Bench reported.
BJP’s Manoj Sonkar was elected as the mayor on Tuesday after he bagged 16 votes against the 12 votes received by the Congress-AAP candidate Kumar. Eight votes were rejected in the process as invalid.
On Kumar’s petition alleging fraud in BJP’s win and forgery in rejection of the eight votes, the High Court on Wednesday only issued notice and listed the matter for hearing after three weeks.
With regard to the prayer for stay on the results, the division bench of Justice Sudhir Singh and Justice Harsh Bunger of the High Court only recorded the submissions of counsel representing the petitioner and respondents.
“Considered,” the court said in the order while proceeding to adjourn the matter to February 26.
After the hearing in the high court, senior AAP leader and Punjab Chief Minister Bhagwant Singh Mann said the party will move the top court for an early hearing in the matter.
“The video is clear. What report does Chandigarh administration have to give in three weeks,” Mann said while addressing the media.
A Special Leave Petition (SLP) argued that the high court erred in not granting any interim relief to the petitioner in the form of stay on outcome of elections for the post of mayor or directing the preservation of electoral records
“This is not a case of election dispute, but a case of abuse of public office, which destroys the very essence of faith reposed in the officer and is a constitutional wrong and breach of the doctrine of public trust. The case was so egregious that the high court ought to have passed interim orders,” the plea contends.
During the hearing in the high court, Kumar prayed for fresh election in a free and fair manner under the supervision of a retired high court judge.
