The apex court was dealing with a plea accusing Returning Officer of allegedly “defacing the ballots” during the mayoral polls….reports Asian Lite News
Setting aside the election of the BJP candidate as declared by the Returning Officer, the Supreme Court on Tuesday declared AAP councillor Kuldeep Kumar as the Mayor of Chandigarh Municipal Corporation during the hearing on the contentious Chandigarh mayoral election case.
The apex court was dealing with a plea filed by INDIA bloc’s mayoral candidate Kuldeep Kumar accusing Returning Officer Anil Masih of allegedly “defacing the ballots” during the Chandigarh mayoral polls held on January 30.
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Kumar had accused the Returning Officer of resorting to fraud and forgery in the counting process.
“Setting aside the election process itself would not be proper since the issue is only when the Returning Officer made the counting,” a bench comprising Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra observed.
The court also ordered prosecution of Returning Officer Masih for ‘misdemeanour’.
“It is evident that Anil Masih is guilty of serious misdemeanour for deliberately defacing eight ballot papers. He must be held accountable” the CJI said.
Contempt proceedings has been initiated against Masih.
On Monday, the top court had said that it would examine the ballot papers of the Chandigarh Mayoral polls along with the entire video recording of the counting day on Tuesday, citing concerns about potential horse-trading.
Expressing the need for transparency and fairness in the electoral process, CJI Chandrachud stressed the importance of scrutinising the invalidated ballots.
On Monday, the court had directed the Registrar General of the Punjab and Haryana High Court to assign a judicial officer to safely transport the records to Delhi.
CJI Chandrachud had stressed the urgency of the matter and declined a plea to postpone the hearing, citing ongoing horse-trading concerns.
Masih, appearing before the bench, had admitted to marking eight already defaced ballot papers with an ‘X’ and accused AAP councillors of creating disturbance during the process.
Masih had said that he had to monitor the situation via CCTV due to the disruptions caused by the AAP councillors.
The top court had summoned the official in question to remain present before it on Monday to explain his conduct.
After perusal of the CCTV footage given in the pen drive by senior advocate Abhishek Manu Singhvi, representing the AAP councillor, CJI Chandrachud had orally observed: “This is a mockery of democracy. He is murdering democracy. Is this the behaviour of a Returning Officer, who looks at the camera and defaces the ballot? It is obvious that he defaced the ballots. This man has to be prosecuted.”
Deferring the February 7 meeting of the Corporation, the Supreme Court had ordered that the entire record pertaining to the election, including ballot papers and videography footage, would be sequestered under the custody of the Registrar General of the Punjab and Haryana High Court.
The AAP and Congress’ joint candidate Kuldeep Kumar had petitioned the top court after the Punjab and Haryana High Court refused to stay the election results for the post of Mayor.
In his petition before the high court, Kuldeep Kumar had alleged complete departure from the practice and rules, saying that the Returning Officer refused to allow the nominees of parties to monitor the counting of votes. He also prayed for fresh elections in a free and fair manner under the supervision of a retired high court judge.
‘Thank You SC For Saving Democracy’
Setting aside the election of the BJP candidate as declared by the Returning Officer, the Supreme Court on Tuesday declared AAP councillor Kuldeep Kumar as the Mayor of Chandigarh Municipal Corporation while hearing a plea challenging the mayoral election.
The Opposition INDIA bloc leaders were quick to latch on to the top court ruling, stating that the Constitution and democracy have ultimately triumphed.
Taking to X, Congress President Mallikarjun Kharge said: “The Supreme Court has saved democracy from the fangs of an autocratic BJP, which resorted to dirty election manipulation. The institutional sabotage in the #ChandigarhMayorPolls is only a tip of the iceberg in Modi-Shah’s devious conspiracy to trample democracy.
“All Indians must fight this onslaught on our Constitution, collectively. Never forget. Our democracy shall be at the crossroads in the 2024 Lok Sabha elections!”
Reacting to the development, Samajwadi Party chief Akhilesh Yadav said: “Now no one will trust the BJP, which was caught stealing red-handed in the Chandigarh mayoral elections.”
Welcoming the top court verdict, AAP National Convenor and Delhi Chief Minister Arvind Kejriwal said, “Truth may be troubled but not defeated. The Constitution and democracy ultimately won the Chandigarh Mayor elections. Many thanks to the Honorable Supreme Court.
“Kuldeep Kumar is a boy from a poor family. On behalf of INDIA bloc, many congratulations on becoming the Mayor of Chandigarh. This became possible only because of Indian democracy and the Honorable Supreme Court. We have to preserve the impartiality of our democracy and autonomous institutions at any cost.”
The apex court was dealing with a plea filed by INDIA bloc’s mayoral candidate Kuldeep Kumar accusing Returning Officer Anil Masih of allegedly ‘defacing the ballots’ during the Chandigarh mayoral polls held on January 30.
Kumar had accused the Returning Officer of resorting to fraud and forgery in the counting process.
“Setting aside the election process itself would not be proper since the issue is only when the Returning Officer made the counting,” a bench comprising Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra observed.
The court also ordered prosecution of Returning Officer Masih for ‘misdemeanour’.
“It is evident that Anil Masih is guilty of serious misdemeanour for deliberately defacing eight ballot papers. He must be held accountable,” the CJI said.
Contempt proceedings have been initiated against Masih.
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