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He also sought that the criminal liability and culpability should be fixed for the events that unfolded on the day of the elections.
Pathak’s statement came hours after the apex court ordered that the Chandigarh mayoral poll ballots and the video of the electoral proceedings be preserved.
Taking note of a plea of an Aam Aadmi Party (AAP) councillor alleging wrongdoing in the polls, the court issued notices to the Chandigarh authorities, including the civic body, calling the incident a “mockery of democracy”.
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“It is because of such decisions that our hopes and aspirations are pinned on the legal system. The AAP-Congress combined had achieved 20 votes while the BJP got 16 votes. However, the person in charge invalidated eight votes. It has never happened in our democracy. For the first time, the act was recorded in cameras,” he said.
The Bharatiya Janata Party (BJP) on January 30 swept the Chandigarh mayoral polls against the Congress-AAP alliance.
Manoj Sonkar of the BJP had defeated the AAP’s Kuldeep Kumar for the mayor’s post, polling 16 votes against his rival’s 12. Eight votes were declared invalid.
“It is very important that transparent electoral practices should be adopted if democracy has to be respected. The apex court has given a clear stand. I think they will ask the elections to be held again. But the criminal liability and culpability should be fixed,” Pathak asserted.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra expressed annoyance after watching the video of the electoral proceedings and said that, prima facie, the returning officer was “defacing” the ballot papers.
“This is a mockery of democracy. We are appalled by what has happened. We will not allow democracy to be murdered like this,” the CJI said.