The Supreme Court set aside the result of the election as declared by the Presiding Officer, as it found that the eight invalid votes were, in truth, valid. Invoking its extraordinary power to do justice under Article 142 of the Constitution, the Court declared the Appellant, Kuldeep Kumar, as the validly elected Mayor of the Chandigarh Municipal Corporation.Furthermore, the Court directed that a show cause notice be issued to the Presiding Officer as to why proceedings under Section 340 of the Criminal Code of Procedure, 1973 (“CrPC”) should not be instituted against him for making a false statement before the Court. Section 340 of the CrPC allows for a preliminary enquiry to ascertain whether any offence affecting administration of justice has been committed in respect of a document produced in court or given in evidence in a proceeding in that Court. The judgment of the Court was authored by Chief Justice Chandrachud.

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The Supreme Court set aside the result of the election as declared by the Presiding Officer, as it found that the eight invalid votes were, in truth, valid. Invoking its extraordinary power to do justice under Article 142 of the Constitution, the Court declared the Appellant, Kuldeep Kumar, as the validly elected Mayor of the Chandigarh Municipal Corporation.Furthermore, the Court directed that a show cause notice be issued to the Presiding Officer as to why proceedings under Section 340 of the Criminal Code of Procedure, 1973 (“CrPC”) should not be instituted against him for making a false statement before the Court. Section 340 of the CrPC allows for a preliminary enquiry to ascertain whether any offence affecting administration of justice has been committed in respect of a document produced in court or given in evidence in a proceeding in that Court. The judgment of the Court was authored by Chief Justice Chandrachud.