Supreme Court appoints Justice Jaishree Thakur as observer for Chandigarh mayoral election

In a move to ensure fairness in the upcoming Chandigarh mayoral election, the Supreme Court earlier this week appointed Punjab and Haryana High Court’s former judge Justice Jaishree Thakur as an independent observer. The election, scheduled for January 30, will be conducted under her direct supervision, with proceedings being recorded on camera.

Who is Justice Jaishree Thakur?

Justice Jaishree Thakur, known for her sharp legal acumen and humane approach to justice, retired from the Punjab and Haryana High Court in July 2023 after nearly 9 years on Bench. Born on July 24, 1961, she was elevated as a judge in September 2014 and left an indelible mark in the field of service and criminal law.

During her tenure, Justice Thakur was lauded for her meticulously reasoned judgments and her ability to bridge legal complexities with a deep sense of justice. Her rulings have been cited across various high courts, setting new legal precedents and interpretations. She was particularly vocal against bureaucratic inefficiency and emphasised the responsibility of government officers in decision-making.

Justice Thakur’s legal philosophy was underscored by her ability to dissect legal principles with a ‘drone-like’ perspective—analysing cases from a broad vantage point while identifying crucial nuances. Her emphasis on social equality and diversity further highlighted her progressive judicial outlook.

Her farewell from the high court saw an overwhelming response from the legal fraternity, with approximately 3,000 members of the Bar attending. Many even suggested that she deserved a five-year extension, a testament to her immense popularity and respect within the legal community.

Why did the Supreme Court appoint her as observer?

The Supreme Court’s decision to appoint Justice Thakur as an independent observer follows a plea by Chandigarh’s incumbent Mayor Kuldeep Kumar of AAP. Kumar was seeking a direction to the UT Administration to hold the mayoral election by show of hands instead of secret ballot to ensure fairness in the process. The bench led by Justice Surya Kant, however, rejected the plea and said it would not interfere with the high court’s view on this issue.

Given the controversy surrounding Chandigarh’s mayoral election—wherein the Supreme Court had set aside BJP candidate Manoj Sonkar’s victory last year due to ballot tampering allegations—the appointment of a neutral observer became crucial. Solicitor General Tushar Mehta, appearing for the Chandigarh Municipal Corporation, stated, “History may not repeat itself every time,” while not opposing the appointment of an independent observer.

Justice Thakur’s appointment is aimed at ensuring transparency and fairness in the electoral process. The Supreme Court also directed authorities to record the election proceedings and mandated security arrangements to prevent any irregularities. The Returning Officer has been instructed to coordinate with Justice Thakur ahead of the polls to facilitate smooth conduct.

A track record of integrity

Justice Thakur’s reputation for fairness extends beyond electoral matters. Just about a fortnight after farmer Subh Karan lost his life on the Punjab-Haryana border during ongoing protests, the Punjab and Haryana High Court constituted a committee headed by Justice Thakur to supervise the matter, acknowledging the need for impartiality given that both Punjab and Haryana had matters to conceal.

Given her track record of legal integrity and commitment to justice, Justice Thakur’s role as an observer is expected to reinforce confidence in the electoral process and uphold the principles of fair democratic functioning in Chandigarh’s municipal governance.