The Supreme Court on Monday said that it would examine the ballot papers used for the Chandigarh Mayor elections on January 30 amid allegations that the returning officer, Anil Masih, tampered with eight votes that were declared invalid, resulting the BJP’s victory. A bench led by Chief Justice of India DY Chandrachud was hearing a plea against the returning officer over his conduct during the elections.
Hearing the matter today, the top court directed that the ballot papers used in the polls, currently under the custody of the Registrar General, be produced before the court tomorrow. Additionally, the court ordered the appointment of a new returning officer who is not affiliated with any political party.
The CJI also came down heavily on Masih for his conduct and said that he stands to be prosecuted. “Why did you deface the ballot papers? You were supposed to sign the papers only. Where is it provided in the rules that you can put other marks on the ballot papers?” the CJI asked.
Masih countered the allegations of tampering with the ballot papers and said that he was only marking ballot pers already defaced by the candidates so that they don’t get mixed up. “The ballot papers were defaced by the candidates; they snatched and destroyed them…”
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The court also took a grim view of the “horse-trading” that is underway under the shadow of the Supreme Court’s hearing. The CJI’s remark is seen as a reference to the three AAP councillors who jumped ship and joined the BJP a day before the hearing today.
“In pursuance of the interim order, the ballot papers have been taken into custody by the Registrar General of HC… we direct that the ballot papers placed in the custody of the Registrar General be produced tomorrow before this court at 10.30 AM… the necessary security arrangements to ensure the safe transit of the judicial officer nominated by the Registrar General as also the safe custody of the ballot papers,” the court said dictating the order.
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On February 5, a bench led by the Chief Justice of India alongside Justices JB Pardiwala and Manoj Misra, stated that the returning officer, Anil Masih, must face prosecution, as evident from video footage where he was seen defacing the ballot papers.
“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 cross at 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,” Bar and Bench quoted Chief Justice of India (CJI) DY Chandrachud as saying.