Supreme Court to review Chandigarh poll ballot papers amid tampering concerns

PTC News Desk: Today, the Supreme Court is set to scrutinize the ballot papers of the Chandigarh mayoral election and review video recordings of the counting process amidst escalating concerns surrounding potential tampering and the contentious victory of Bharatiya Janata Party (BJP) candidate Manoj Sonkar.

In the recently concluded election, Manoj Sonkar secured victory with 16 votes, defeating the candidate from the Aam Aadmi Party (AAP)-Congress alliance, Kuldeep Kumar, who managed to garner 12 votes. However, the outcome was marred by controversy when the returning officer, Anil Masih, invalidated eight votes from coalition partners, sparking allegations of ballot tampering. A viral video depicted Masih, a member of the BJP's minority cell, marking ballots cast for AAP councilors, leading to widespread condemnation and accusations of undermining democratic processes.

During a hearing on February 5, the Supreme Court, led by Chief Justice DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, strongly criticized Masih's actions, denouncing them as a blatant mockery of democracy. Expressing grave concerns over potential horse-trading, the court opted to thoroughly examine the ballot papers and video recordings of the counting process. Rather than immediately ordering fresh elections, the court suggested considering the declaration of results based on the existing votes cast.

Additionally, the court summoned the registrar general of the Punjab and Haryana High Court to provide records in New Delhi today, further indicating the seriousness with which the matter is being addressed.

Supreme Court grapples with 'serious matter' amid Chandigarh election controversy

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 careful 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.

The spotlight then turned to Anil Masih, accused of defacing the ballot papers. In an unprecedented move, Chief Justice Chandrachud cross-examined the returning officer, expressing dissatisfaction with the conduct of the election. The court sternly warned Masih about potential prosecution for his actions, emphasizing the severity of the violation of the democratic process.

"Mr. Masih, I am asking you questions. If you don't provide truthful answers, you will be prosecuted. This is a serious matter. We have seen the video. What were you doing looking at the camera and putting cross marks on the ballot papers? Why were you putting the marks?" Chief Justice Chandrachud questioned.

Kuldeep Kumar, the defeated mayoral candidate from the AAP, moved the Supreme Court challenging the Punjab and Haryana High Court's refusal to grant interim relief for a fresh poll. The Supreme Court criticised the High Court for not issuing any interim order, further adding to the gravity of the situation.

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Appointment of a new returning officer

In a moment of admission, Mr. Masih explained that the marks were intended to segregate defaced ballot papers. Chief Justice Chandrachud questioned, "Why did you deface the ballot papers? You only had to sign the papers. Where is it provided in the rules that you can put other marks on the ballot papers?"

Solicitor General Mehta found himself caught in the crossfire as the Chief Justice asserted, "Mr. Solicitor, he (Mr. Masih) has to be prosecuted. He is interfering with the election process."

Chief Justice Chandrachud declared, "What we propose to do is this. We will direct the Deputy Commissioner to appoint a fresh returning officer, who is not aligned with any political party."

Solicitor General Mehta, drawing attention to allegedly torn or defaced ballot papers, sought the court's intervention. However, Kuldeep Kumar's lawyer contested this, claiming that only eight ballot papers required examination and were not torn. The Supreme Court then resolved to examine the contested papers today, demanding their presentation with adequate security.

"The process of horse-trading which is going on is a serious matter," the Chief Justice emphasised.

The Supreme Court reserved its judgment on whether to conduct fresh elections or validate the earlier votes.

Also Read: Supreme Court suggests resolution amid Chandigarh vote count row

Also Read: Chandigarh mayoral elections: Chief Justice grills Chandigarh officer, a first in independent India

(Inputs from agencies)

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