Chandigarh MC seeks dismissal of plea challenging mayoral poll

Advertisement

Chandigarh, April 21

The Municipal Corporation today sought the dismissal of a petition challenging the mayoral elections with “exemplary costs” on the grounds that the “litigant who approaches the court with unclean hands by presenting a manipulated document is liable to be thrown out at the threshold”.

As the matter came up for resumed hearing before the Division Bench of Justice Ritu Bahri and Justice Meenakshi I Mehta, the official respondents made specific allegations that a representation annexed with the writ petition was modified.

About the petition

• Anju Katyal of AAP and two others councillors had filed the petition. They had moved the court for declaring the election results for the Mayor’s post illegal. Directions were also sought to hold fresh elections to the post.
• In their plea, Katyal, Prem Lata and Ram Chander Yadav had submitted that their petition pointed out “various political atrocities openly carried out at the behest of the ruling political party bigwigs in Chandigarh”.

It was added that a representation dated January 8, submitted by a petitioner, raised objections to the counting and declaration of votes for the Mayor’s post. It was the only representation available in the office record. The representation dated January 8 appended with the writ petition was not a part of the office record.

“A number of additions, modifications and interpolations have been made and also objections with regard to the election to the posts of senior deputy mayor and deputy mayor have been made in the body of the said representation…,” it was added.

Senior advocate Chetan Mittal, appearing for respondent-Mayor Sarabjit Kaur, further pointed out that a total absurd plea had been taken in the representation. It was submitted that both the Bharatiya Janata Party (BJP) and the Aam Aadmi Party (AAP) had secured 14 votes each. On hearing the result, the pressure tactics started flowing from the BJP quarters and, surprisingly, the returning officer took a sudden U-turn and arbitrarily re-declared the results as 14 votes in favor of the BJP and 13 in favour of AAP. But there was no prayer for recounting of votes, Mittal added.

The official respondent represented by UT Senior Standing Counsel Anil Mehta also took a stand on the maintainability of the petition. Mehta requested the court to hear the question of maintainability before proceeding further.

The petition was filed by Anju Katyal of AAP and two others councillors. They had moved the court for declaring the election results for the Mayor’s post illegal. Directions were also sought to hold fresh elections to the post.

In their plea, Katyal, Prem Lata and Ram Chander Yadav had submitted that their petition pointed out “various political atrocities openly carried out at the behest of the ruling political party bigwigs in Chandigarh”.