
SC Overturns Chandigarh Mayoral Poll Outcome….image/HT
SC Overturns Chandigarh Mayoral Poll Outcome
In a landmark decision, the Supreme Court nullified the outcome of the Chandigarh mayoral polls held on January 30, reshaping the political landscape by overturning the initial victory of the BJP candidate. Instead, the court declared the AAP-Congress candidate as the rightful winner. This move came as the court invoked its plenary power under Article 142 of the Constitution, emphasizing the need for “complete justice” due to the clear violation of the law in the announced results by the returning officer.
Article 142: Ensuring Complete Justice
Article 142(1) of the Constitution grants the Supreme Court extraordinary authority to ensure “complete justice” in situations where existing laws may lack adequate remedies. This provision becomes pivotal in cases where the electoral process faces challenges, as seen in the recent Chandigarh mayoral polls. The court highlighted its duty to prevent subterfuge from undermining the fundamental principles of electoral democracy.
Article 142’s Unique Power: Shaping Legal Landscape
The Supreme Court’s utilization of Article 142 has been instrumental in shaping the legal landscape, as demonstrated in the 2017 transfer of the Babri Masjid case. The court, in defining the broad scope of its power, referred to the Latin maxim ‘fiat justitia ruat caelum’ (Let justice be done though the heavens fall). Article 142(1) grants the court a distinctive power not found in previous legislations, allowing it to ensure complete justice and conclusively resolve legal disputes between parties.
Moulding Relief: Deviating from Strict Legal Applications
Despite its expansive power, the Supreme Court clarified in a 2023 ruling that Article 142 is not universally applicable and may not be invoked in every case. This provision allows the court to deviate from strict legal applications based on the peculiar circumstances of each case. It empowers the court to relax the application of the law or entirely exempt parties from legal rigors during the process of delivering justice, further reinforcing its commitment to ensuring complete justice when deemed necessary.
In conclusion, the Supreme Court’s decisive use of Article 142 not only reshaped the outcome of the Chandigarh mayoral polls but also underscores its crucial role in preserving the principles of electoral democracy and ensuring justice in exceptional situations.
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