New Delhi:
The Supreme Court will today examine the ballot papers of the Chandigarh mayoral elections and the video recording of the counting process, amid concerns over “horse trading” and the controversial victory of the Bharatiya Janata Party (BJP).
Manoj Sonkar of the BJP won the election with 16 votes, defeating Aam Aadmi Party-Congress alliance candidate Kuldeep Kumar, who polled 12 votes. However, controversy erupted when the returning officer, Anil Masih, declared eight votes from the coalition partners invalid, leading to accusations of ballot tampering. A video went viral showing Mr Masih – a member of the BJP's minority cell – marking the ballot papers for AAP councilors. At a hearing on February 5, the Supreme Court condemned his actions as a blatant “mockery of democracy.”
A Supreme Court bench headed by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, expressed deep concern over the alleged “horse trading” and decided to examine the ballot papers and video recordings of the counting process. Instead of immediately ordering fresh polls, the court suggested considering announcing the results based on the votes already cast.
The court also summoned the Registrar General of the Punjab and Haryana High Court to present the papers in New Delhi today.
'Serious matter'
During the hearing, Solicitor General Tushar Mehta, representing the Chandigarh government, proposed the idea of holding fresh elections under the supervision of a Supreme Court-appointed judicial officer. However, after deliberation, the bench was inclined to complete the election process from the pre-announcement of results stage. The court suggested appointing a judicial officer to oversee the counting of ballots and disregard any violations by the returning officer.
Attention then shifted to Anil Masih, who was accused of damaging the ballots. The Chief Justice, for the first time in the history of independent India, cross-examined the returning officer, expressing his displeasure over the manner in which the elections were conducted. The court sternly warned Masih of possible prosecution for his actions, calling it a serious violation of the democratic process.
“Mr. Masih, I am asking you questions. If you do not give truthful answers, you will be prosecuted. This is a serious matter. We have seen the video. Why did you look at the camera and put crosses on the ballots? Why did you put the numbers on it?” asked Chief Justice Chandrachud.
Defeated AAP mayoral candidate Kuldeep Kumar has moved the Supreme Court challenging the Punjab and Haryana High Court's refusal to grant interim relief for fresh poll. The Supreme Court then criticized the Supreme Court for not issuing an interim order.
New returning officer
Mr Masih, in a moment of confession, explained that the markings were intended to separate illegible ballots. “Why did you deface the ballot papers? All you had to do was sign the papers. Where in the rules does it say that you can put other marks on the ballot papers,” asked Chief Justice Chandrachud.
Solicitor General Mehta was caught in the crossfire when the Chief Justice alleged: “Mr. Advocate, he (Mr. Masih) should be prosecuted. He is interfering in the electoral process.”
“What we propose is this. We will direct the Deputy Commissioner to appoint a new returning officer, who will not be affiliated with any political party,” Chief Justice Chandrachud said.
Advocate General Mehta, drawing attention to allegedly torn or illegible ballot papers, sought the court's intervention. However, Kuldeep Kumar's lawyer disputed this, claiming that only eight ballots needed to be examined and had not been torn. The Supreme Court subsequently decided to examine the disputed papers today and demanded that they be presented with adequate security.
“The horse-trading process that is going on is a serious matter,” the Chief Justice said.
The Supreme Court reserved its judgment on whether to hold new elections or validate the previous votes.