Returning officer Anil Masih admits Inability to Answer CJI’s Queries Properly. Supreme Court Bench Led by CJI Scheduled to Review Masih’s Affidavit Today (March 15th). Previously, while declaring the AAP candidate as the winner of the Chandigarh mayoral polls, the CJI DY Chandrachud came down heavily on Masih.
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The bench led by the Chief Justice of India (CJI) DY Chandrachud is set to convene today to hear the affidavit presented by Returning officer Anil Masih. Mr. Masih filed an affidavit in response to the Chief Justice of India’s (CJI) contempt notice. In his affidavit, Masih stood by his claim regarding the defacement of eight ballots. However, he admitted that he couldn’t properly respond to the CJI’s queries during the hearing.
“WAS UNDER DEPRESSION POST-VIDEO LEAK. UNDERGOING TREATMENT FOR IT”
-MASIH
A significant revelation in Masih’s affidavit was his admission of being under severe depression following the leak of a video related to the election. He stated that the mental trauma and stress, compounded by the tense and heated atmosphere in the Supreme Court, affected his ability to communicate effectively. This situation paints a vivid picture of the personal toll that high-stakes legal proceedings can have on individuals involved.
“IN SC I WAS UNDER MENTAL TRAUMA,STRESS. TENSE ATMOSPHERE, HEATED ARGUMENTS BETWEEN SENIOR ADVOCATES AFFECTED ME”
-ANIL MASIH
BACKGROUND
Previously, the Supreme Court proclaimed AAP councillor Kuldeep Kumar as the winner and new mayor of Chandigarh, while strongly rebuking returning officer Anil Masih and issuing him a show cause notice.
Chief Justice of India (CJI) DY Chandrachud, leading the Supreme Court bench, criticized Masih for
“unlawfully altering the course of the mayoral election”
and reprimanded him for providing false statements before the court. Masih had initially declared the BJP candidate as the victor of the Chandigarh mayoral polls on January 30, citing eight votes from the AAP-Congress coalition as “invalid.”
AAP’s Kuldeep Kumar secured 12 votes, while the BJP’s candidate, Manoj Sonkar, received 16 votes. This prompted AAP to accuse the returning officer of ballot tampering.
The Supreme Court, disapproving of Masih’s actions in defacing the votes, ordered the eight “invalid” votes to be regarded as valid, as they were cast in favor of the AAP.
ALSO READ: Supreme Court Orders Vote Recount in Chandigarh Mayor Polls, Says 8 Ballots Valid
SUPREME COURT REMARKS ON CHANDIGARH MAYORAL POLLS
- During the Chandigarh mayoral polls, the returning officer intentionally defaced eight ballots cast in favor of the petitioner. In his statement before this court on Monday, the officer claimed that he did so because he observed defacement on the ballots. However, it is evident that none of the ballots show any signs of defacement.
- The behavior of the presiding officer merits condemnation on two fronts. Firstly, his actions have unlawfully altered the trajectory of the mayoral election. Secondly, by making a statement containing a “patent falsehood” before this court, the officer must be held accountable for his actions.
- The returning officer cannot claim ignorance regarding the falsehood in his statement. Therefore, the judicial registrar is instructed to issue a show-cause notice to Anil Masih, compelling him to explain why disciplinary measures should not be taken against him.
- It is the solemn duty of the court to ensure the preservation of the electoral democratic process. The foundation of democracy rests on fundamental principles, and the court must intervene to safeguard the core mandate of electoral democracy.
- While there are flaws detected solely in the counting process, invalidating the entire election process would exacerbate the erosion of democratic principles caused by the presiding officer’s conduct. Therefore, setting aside the entire election process would be inappropriate.
CASE TITLE:
Kuldeep Kumar vs UT Chandigarh and ors.
Click Here to Read Previous Reports on Chandigarh Mayor Election
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