Chandigarh Mayor and Aam Aadmi Party (AAP) leader Kuldeep Kumar has petitioned the Supreme Court, requesting that the upcoming mayoral election scheduled for January 30 be conducted through a'show of hands' instead of a secret ballot.

A bench comprising Justices Surya Kant and N Kotiswar Singh sought the Chandigarh administration's response on the issue, focusing specifically on whether an independent observer could be appointed to ensure free and fair elections.

The Court acknowledged that Kumar's primary concern was ensuring voters had the freedom to make fair choices, emphasizing that it would take necessary steps to guarantee this. The Court then ordered the continuation of the election process, issuing notice regarding the proposal for an Independent Observer to oversee the elections. It also expressed a preference for appointing a retired judge to supervise the process.

Senior Advocate Gurminder Singh, representing Kumar, highlighted irregularities during the 2024 mayoral elections in Chandigarh. He detailed how Returning Officer (RO) Anil Masih selectively defaced ballot papers to favor the Bharatiya Janata Party (BJP) candidate, leading to Kumar's challenge in the Supreme Court. The Court had subsequently overturned the RO’s declaration, declaring Kumar as the rightful winner of the election.

Kumar has now urged the Court to ensure that the upcoming election be held by 'show of hands' to prevent any similar irregularities. During the proceedings, Singh also raised issues that Kumar had encountered during his tenure as mayor. Specifically, he mentioned the Punjab and Haryana High Court’s calculation of Kumar’s mayoral term from January 30, 2024, based on the disputed election results, rather than from February 20, 2024, when the Supreme Court declared him the winner.

Justice Surya Kant remarked, “You were declared elected on February 20. Once the election was set aside, doesn’t that essentially make you the Mayor from the inception?”

In response, Senior Advocate Singh explained that the election outcome had not been invalidated by the Supreme Court on February 20, so the earlier declaration stood in the eyes of the law.

In addition to the request for a 'show of hands' voting method, Singh also suggested appointing a neutral observer from Punjab or Haryana to oversee this year’s election to ensure fairness. The Court has asked the Chandigarh administration to respond to this suggestion.

The Supreme Court will hear the case again on January 27, 2025.