'Mockery of democracy by Chandigarh Municipal polls Returning Officer appalling', SC orders his prosecution

The Supreme Court strongly condemned the conduct of the Returning Officer in the Chandigarh Municipal polls, as seen in a video defacing ballot papers to influence election results. The Court called for the prosecution of the officer, Anil Masih, expressing concern over the act's impact on democracy

A Supreme Court bench, headed by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, was 'appalled' over the apparent misconduct by the Returning Officer in the Chandigarh Municipal polls. The bench on Monday condemned the act of defacing ballot papers, captured in a video, and called for the prosecution of the Returning Officer, Anil Masih, stating that such behaviour "makes a mockery of democracy."

Observing the video evidence, the CJI remarked, "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 the behavior of a returning officer? Wherever there is a cross at the bottom, he does not touch it, but when it is at the top, he alters it. Please tell the returning officer that the Supreme Court is watching him."

The Supreme Court proceeded to issue a notice to Returning Officer Anil Masih and directed the sequestration of the entire records of the municipal elections with the High Court Registrar General. It emphasized the preservation of ballots and videography.

The bench ordered Masih to appear in court on the next hearing scheduled for February 19 to explain his conduct. Additionally, the Court effectively stayed any activities on the part of the Municipal Corporation for the time being.

"The ensuing meeting of Chandigarh Municipal Corporation on February 7 shall be deferred till the next date. Let the papers be handed over to the High Court Registrar general by today 5 PM. List on the next Monday week," the Court directed.

The case arose from a plea by Aam Aadmi Party (AAP) councillor Kuldeep Kumar, challenging the Punjab and Haryana High Court's decision not to grant an immediate stay on the election result, which declared Bharatiya Janata Party (BJP) candidate Manoj Sonkar as the Chandigarh Mayor.

BJP’s Manoj Sonkar secured the mayoral position on January 30 with 16 votes, defeating the Congress-AAP candidate Kumar, who received 12 votes, despite the AAP-Congress alliance having a majority with 20 members.

Kumar alleged fraud and forgery in the election process, particularly in the rejection of eight votes from the AAP-Congress alliance, leading him to approach the Supreme Court seeking a stay on the appointment of Sonkar as the Mayor. The Court's actions aim to address the alleged irregularities and maintain the integrity of the electoral process in Chandigarh.