Art 142, why SC quashed Chandigarh mayor’s election, and why it matters

Art 142, why SC quashed Chandigarh mayor’s election, and why it matters

Subject: Polity

Section: Local government

Context:

• The Bench, comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while setting aside the result as “contrary to law” and declaring Kuldeep Kumar as the “validly elected candidate”, refused to quash the election process itself.

More on news:

• The Supreme Court has quashed the result of the January 30 election for the Mayor of Chandigarh after finding that presiding officer Anil Masih had deliberately invalidated eight ballots cast in favor of the Aam Aadmi Party (AAP)-Congress candidate Kuldeep Kumar ‘Tita’.
• The court used its power under Article 142 of the Constitution to do “complete justice” and protect the sanctity of electoral democracy.

On what grounds did the court strike down the result?

• “Allowing such a state of affairs…would be destructive of the most valued principles on which the entire edifice of democracy in our country depends,”-the court said.
• The Bench said it was evident that “while the petitioner is reflected to have polled 12 votes, the eight votes which are treated as invalid were wrongly treated to be so”, and “each of those invalid votes were in fact validly cast in favor of the petitioner”.
• It follows that Kuldeep had in fact received 20 votes, while Manoj Sonkar, the BJP candidate, had won 16.
• “We accordingly order and direct that the result of the election as declared by the presiding officer shall stand quashed and set aside,” the court said.

Why was this mayoral election important?

• The powers of the Mayor of Chandigarh Municipal Corporation are limited to calling meetings and deciding the agenda.
• Although the corporation has a five-year term, the Mayor is elected for only one year. 
• The post is reserved for a woman candidate in the first and fourth year of each corporation.
• The last election to the corporation was held in 2021..

What happened after the mayoral election?

• After videos showed Masih marking ballot papers so they could be declared invalid, Kuldeep moved the High Court and then Supreme Court.
• CJI Chandrachud observed that it was obvious that Masih had defaced the ballots, and that “this man has to be prosecuted”.
• The court said it was “appalled” at the “mockery” and “murder” of democracy.

Constitutional Status of Municipalities in India:

• This Act has added a new Part IX-A to the Constitution of India. 
• It is entitled ‘The Municipalities and consists of provisions from Articles 243-P to 243-ZG.
• In addition, the act has also added a new Twelfth Schedule to the Constitution. 
• This schedule contains eighteen functional items of municipalities. It deals with Article 243-W.
• The act gave constitutional status to the municipalities. 
• It has brought them under the purview of justiciable part of the Constitution.
• The act aims at revitalizing and strengthening the urban governments so that they function effectively as units of local government.
• The salient features of the act are:
  • Three Types of Municipalities: The act provides for the constitution of the following three types of municipalities in every state :nagar panchayat, municipal council and municipal corporation
  • Composition: All the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality.
  • Reservation of Seats :The act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area. Further, it provides for the reservation of not less than one-third of the total number of seats for women.
  • Duration of Municipalities: The act provides for a five-year term of office for every municipality. However, it can be dissolved before the completion of its term.
  • State Election Commission: The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission.
  • Finance Commission: The finance commission (which is constituted for the panchayats) shall also, for every five years, review the financial position of municipalities and make recommendation to the governor as to:
• The principles that should govern:
  • (a) The distribution between the state and the municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state. 
  • (b) The determination of the taxes, duties, tolls and fees that may be assigned to the municipalities. 
  • (c) The grants-in-aid to the municipalities from the consolidated fund of the state.
• The measures needed to improve the financial position of the municipalities.
• Any other matter referred to it by the governor in the interests of sound finance of municipalities.
• District Planning Committee: Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.

What is Article 142?

• Article 142 provides discretionary power to the Supreme Court (SC). 
• Subsection 1 of Article 142 states that the SC in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
• Any decree so passed or order so made shall be enforceable throughout the territory of India.
• If at times law or statute did not provide a remedy, the Court can extend itself to put an end to a dispute in a befitting manner.
• An order to do complete justice must be consistent with the fundamental rights and cannot be inconsistent with the substantive provisions of the relevant statutory laws.
• Used in judgements related to cleaning of Taj Mahal, release of A.G. Perarivalan, Bhopal gas tragedy case, etc.