Chandigarh Mayor Polls: What Is Article 142 Of Constitution Invoked By SC While Setting Aside Election Result

Chandigarh Mayor Polls: The Supreme Court on Tuesday set aside the result of the recently held Chandigarh mayoral polls and declared AAP candidate Kuldeep Kumar as the legitimate winner of the election. In doing so, the apex court used the sweeping powers conferred to it under Article 142 of the Indian Constitution. The ruling came as part of the SC's hearing on the plea moved by Kumar that alleged rigging by the BJP in the recently held polls.

The verdict came shortly after a Chief Justice of India (CJI) DY Chandrachud-led bench of the top court found that the eight votes invalidated by the Returning Officer, BJP's Anil Masih, on the account of ballot papers being "defaced" were cast in the favour of Kumar. With this, for the first time in history, ballot papers for an election were counted in the Supreme Court. Upon observing that the eight ballot papers were not 'defaced', the bench ordered a recounting of the votes that were previously declared invalid.

What SC Said While Invoking Article 142?

Exercising the sweeping powers granted to it under Article 142 of the Constitution, the CJI Chandrachud-led bench, also comprising Justices JB Pardiwala and Manoj Misra, as per The Indian Express, said, "We are of the considered view that in such a case, this court is duty bound, particularly in the context of its jurisdiction under Article 142 of the Constitution, to do complete justice to ensure that the process of electoral democracy is not allowed to be thwarted by such subterfuges."

What Is Article 142 Of Indian Constitution?

Article 142 of the Constitution, titled 'Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.' empowers the Supreme Court to pass any "necessary" order whenever it deems that a matter pending before it calls for "complete justice".

Article 142(1) states, "The Supreme Court 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, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe."

(With inputs from ANI)