“Yesterday you (Masih) told the Supreme court that you put the lines because the ballot papers were defaced. Where is the ballot paper defaced?”: CJI Chandrachud asked. The Supreme Court mandated a vote recount in the Chandigarh mayoral election and determined that eight ballots, initially invalidated by the returning officer, be recognized as valid.
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NEW DELHI: Today (20 Feb 2024), the Supreme Court strongly criticized Returning Officer Anil Masih regarding the Chandigarh mayoral election controversy. Chief Justice DY Chandrachud, heading the bench, scrutinized the eight “invalid” votes central to the dispute between the BJP and the AAP, directing that they:
“shall be recounted… treated as valid and results declared on the basis of that.”
“The votes are cast for Kuldeep Kumar. What he (Returning Officer) does is, he puts a single line. Just one line, as seen in the video,”
-CJI Chandrachud said.
ALSO READ: Supreme Court Directs to Produce Chandigarh Mayor Poll Ballot Papers Tomorrow
“Yesterday you (Masih) told the Supreme court that you put the lines because the ballot papers were defaced. Where is the ballot paper defaced?”
-CJI Chandrachud asked.
Masih on Monday faced the SC’s wrath and was called to be prosecuted.
“All the ballot papers were defaced. I was just marking them. There were so many cameras that I was just looking at them,”
Masih informed the SC yesterday, while admitting that he put ‘X’ marks on the eight ballot papers to ensure they do not get mixed.
“You can sign the ballot papers. But why you were putting ‘X’ on those ballot papers,”
-the bench said, adding under the rules the returning officer can only sign on ballot papers.
“But why you were putting ‘X’ on those ballot papers,”
-the bench said, adding under the rules the returning officer can only sign on ballots.
“It means you marked it,”
-the CJI said,
adding he has to be prosecuted and
“this cannot be allowed in an electoral democracy”.
The CJI voiced displeasure over the way the poll was held.
“We are deeply concerned about the horse-trading which is taking place,”
-a bench comprising CJI Chandrachud and Justices JB Pardiwala and Manoj Misra said on Monday.
Aam Aadmi Party’s councillor Dhalor lost the mayor election to Bharatiya Janata Party’s Manoj Sonkar on January 30. Sonkar resigned from his post late on February 18, ahead of the resumption of hearing today in the apex court.
On the last date of the hearing, the top court came down heavily on the returning officer who held the Chandigarh Mayor elections saying he was “murdering democracy”.
ALSO READ: BJP’s Chandigarh Mayor Manoj Sonkar Resigns Ahead of Supreme Court Hearing, Today
and ordered the preservation of an entire record of the election process including ballot papers, videography and other material through Registrar General of Punjab and Haryana High Court.
A recount, encompassing the eight votes dismissed by Mr. Masih for unspecified reasons, would likely result in a clear victory for the Aam Aadmi Party and Congress alliance in the mayoral race.
CASE TITLE:
Kuldeep Kumar vs UT Chandigarh and ors.
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