Retired Punjab and Haryana High Court Judge Justice Jaishree Thakur to Oversee Chandigarh Mayoral Polls

In a first for India, the Supreme Court has appointed retired judge of the Punjab and Haryana High Court Justice Jaishree Thakur as an independent observer in the Chandigarh mayoral polls scheduled to take place on January 30.

The order was passed in response to a petition by incumbent Chandigarh Mayor Kuldeep Kumar, who requested that the elections be conducted via a “show of hands” rather than a “secret ballot” to maintain fairness.

The bench of Justice Surya Kant and Justice N. Kotiswar Singh, however, has decided that the process should be videographed and directed that the proceedings be conducted under the physical presence of the observer. “The election proceedings shall be conducted in the physical presence of the learned observer,” an order stated.

The Bench directed the Returning Officer to consult with Justice Thakur in order to conduct the election smoothly. In addition, the Union Territory Administration of Chandigarh was asked to pay ₹1 lakh as an honorarium within a week to Justice Thakur.

Solicitor General Tushar Mehta, representing the Chandigarh Administration, did not have any objection to the appointment of the observer. “History may not repeat every time, but if your Lordships feel an independent observer is necessary, we have no issue,” he said.

Gurminder Singh, the senior advocate appearing for Mayor Kuldeep Kumar, urged that since this election is through a “show of hands”, it will ensure fairness and quoted the previous mayoral election through secret ballot when some alleged irregularities were done.

The Bench commented that “our concern is complete transparency” while pointing out that the notice given by the court was just for appointing an independent observer.

The petition by Kumar followed contentious developments surrounding the Chandigarh mayoral elections. The Supreme Court had earlier overturned the results of the January 30, 2024, elections, declaring Kumar the rightful winner using its powers under Article 142 of the Constitution.

A three-judge Bench led by then CJI DY Chandrachud ruled that eight votes, declared invalid earlier, were validly cast in favour of Kumar. This recalibration brought Kumar’s tally to 20 votes, surpassing BJP candidate Manoj Sonkar’s 16 votes.

The court also criticized Returning Officer Anil Masih for changing election results illegally. Masih was found guilty of tampering with ballots and ordered to undergo criminal proceedings under Section 340 of the CrPC.

The term of the incumbent Mayor Kuldeep Kumar has also been under debate. Kumar maintains that it started on January 30, 2024, when he was proclaimed elected for the first time and not on February 20, 2024, when the Supreme Court restored his election.

It had already ruled in Kumar’s favor, issuing directions allowing him to continue as mayor until January 29, 2025. The elections will decide, amid increased vigilance by both the agency and the courts through enhanced procedural and rectificatory mechanisms, who will lead the Chandigarh Municipal Corporation.

Justice Jaishree Thakur has now been appointed as an independent observer, so the world waits for January 30, when the Union Territory will hold a mayoral election with increased transparency and accountability.