The Supreme Court is set to scrutinize the ballot papers of the Chandigarh mayoral poll and review video footage of the counting process, following concerns regarding potential “horse-trading” and the contentious victory of the Bharatiya Janata Party (BJP).
The BJP’s Manoj Sonkar emerged victorious in the election with 16 votes, defeating the candidate from the Aam Aadmi Party-Congress alliance, Kuldeep Kumar, who secured 12 votes. However, controversy erupted when the returning officer, Anil Masih, declared eight votes from the coalition partners as invalid, leading to allegations of ballot tampering. A viral video showed Masih, a member of the BJP’s minority cell, marking on ballots cast for AAP councilors, prompting severe criticism from the Supreme Court during a February 5 hearing.
A bench led by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, expressed deep concern over the alleged “horse-trading” and decided to examine the ballot papers and video recording of the counting process. Rather than immediately calling for fresh polls, the court suggested considering the declaration of results based on the votes already cast. Additionally, the court summoned the registrar general of the Punjab and Haryana High Court to provide relevant records in New Delhi today.
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During the hearing, Solicitor General Tushar Mehta, representing the Chandigarh administration, proposed the idea of conducting a fresh election under the supervision of a judicial officer appointed by the High Court. However, after deliberation, the bench leaned towards completing the electoral process from the stage before the declaration of results. The court suggested appointing a judicial officer to oversee the counting of the ballot papers and disregarding any defacement by the returning officer.
Anil Masih, accused of defacing the ballot papers, faced cross-examination by the Chief Justice, who expressed displeasure over the conduct of the election. Masih was warned of potential prosecution for his actions, which were deemed a serious violation of the democratic process.
The AAP’s defeated mayoral candidate, Kuldeep Kumar, moved the Supreme Court challenging the Punjab and Haryana High Court’s refusal to grant interim relief for a fresh poll. Criticizing the High Court for its inaction, the Supreme Court reserved its judgment on whether to conduct fresh elections or validate the earlier votes.
The court proposed appointing a new returning officer not aligned with any political party and resolved to examine the contested ballot papers today. The Chief Justice emphasized the seriousness of the ongoing “horse-trading” and affirmed the court’s commitment to upholding the integrity of the electoral process.
