Importance of basic mandate in electoral democracy
In the chandigarh case, the supreme court has clearly said that there should be no room for fraud in the process of electoral democracy. In this case the supreme court has mentioned Article 142 of the Constitution. The court says that being the top court of the country, it is the responsibility of the court to intervene when an extraordinary situation arises to safeguard the basic mandate of electoral democracy. The supreme court has the plenary power under Article 142 of the Constitution. Under the authority given by this article, the supreme court, in the chandigarh Mayor case, canceled and set aside the january 30 election results and declared the common candidate as the validly elected Mayor.
The supreme court has said a very important thing. The court says that allowing such steps to be taken would be disruptive to the most valuable principles of democracy. The court must step in in such extraordinary circumstances to ensure that the basic mandate of electoral democracy at the local participatory level is preserved.
The supreme court has also clarified on what basis ballot papers can be declared invalid. According to Rule 6 of chandigarh Municipal Corporation (Procedure and Conduct of Business) Regulations 1996, ballot paper can be invalid only in three circumstances….
More than one vote has been cast.Have any mark to identify the voterThe marks are placed in an indistinct manner so that it is not known who has been voted.