Chandigarh Mayor Elections: Supreme Court Orders Production of Ballot Papers and Counting Video by 2 PM Tomorrow. A bench headed by Chief Justice of India DY Chandrachud also asked the deputy commissioner to appoint a new returning officer who is not associated to any political party.
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NEW DELHI: The Supreme Court of India has taken a firm stand against what it described as a “murder of democracy” during the Chandigarh Mayor polls. The bench, led by Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, expressed its dismay over the actions of the Returning Officer, Anil Masih, during the electoral process.
The Supreme Court Today (19 Feb, 2024), has ordered the production of the ballot papers and video of counting of votes of Chandigarh mayoral polls on Tuesday(20 Feb, 2024).
Hearing a petition alleging foul play in the mayoral election, a bench headed by Chief Justice of India DY Chandrachud also asked the deputy commissioner to appoint a new returning officer who is not associated to any political party.
The Bharatiya Janata Party (BJP) emerged victorious in the Chandigarh mayoral elections held on January 30, securing all three positions and defeating the Congress-Aam Aadmi Party (AAP) coalition. Subsequently, the AAP approached the Supreme Court, urging for fresh elections, alleging “fraud and forgery” by the Returning Officer Anil Masih during the electoral process.
A circulating video depicted Anil Masih marking the ballot papers while apparently glancing at the CCTV footage, prompting concerns regarding the integrity of the elections.
During the court proceedings, Anil Masih was summoned to appear before the bench. In the hearing on Monday, the bench inquired about the video and his actions regarding the CCTV.
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In response, Masih explained that he was simply defacing the ballot papers as they were being marked, clarifying,
“With numerous cameras present, I was merely observing them.”
Upon further questioning about why he marked the papers, Masih stated that it was to prevent any mix-up of the ballot papers.
Observing the situation, the bench commented,
“So, you did mark them. He should be prosecuted. Such actions cannot be permitted in an electoral democracy.”
The Court’s rebuke came after it was brought to light that Masih had allegedly tampered with ballot papers, an act that the justices saw as a blatant disregard for democratic norms.
“It is obvious that he has defaced the ballot papers. He needs to be prosecuted. Why is he looking at the camera? Mr Solicitor, this is a mockery of democracy and murdering democracy. We are appalled. Is this behaviour of a returning officer? Wherever there is a cross at the bottom, he does not touch it and when it is at the top he alters it. Please tell returning officer that Supreme Court is watching him,”
-remarked CJI Chandrachud, highlighting the gravity of the misconduct and the Court’s intent to hold Masih accountable.
In response to these serious allegations, the Supreme Court issued a notice to Masih and took decisive steps to ensure the integrity of the electoral process by ordering the sequestration of all records related to the municipal elections.
The Court mandated,
“Let the ballots and videography too be preserved,”
ensuring that evidence of the alleged tampering is kept intact for further examination.
Moreover, the Court has put a temporary halt to any further activities by the Municipal Corporation, effectively staying the proceedings until a thorough investigation can be conducted.
“The ensuing meeting of Chandigarh Municipal Corporation on February 7 shall be deferred till the next date. Let the papers be handed over to the High Court Registrar general by today 5 PM. List on the next Monday week,”
-the Court decreed, setting a clear timeline for the submission of election materials to the High Court Registrar General and scheduling the next hearing.
This unprecedented intervention by the Supreme Court in the Chandigarh Mayor polls underscores the judiciary’s commitment to upholding democratic values and ensuring fair play in electoral processes. The case has not only spotlighted the alleged misconduct of a key election official but also reaffirmed the role of the judiciary as a guardian of democracy in India. As the nation watches, the outcome of this legal proceeding will undoubtedly have lasting implications for the conduct of elections and the accountability of those entrusted with overseeing them.
CASE TITLE:
Kuldeep Kumar vs UT Chandigarh and ors.
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