
The Supreme Court on Monday came down heavily on Anil Masih, the Presiding Officer who held the Chandigarh Mayor elections, saying it was "obvious that he has defaced the ballot papers". Additionally, the Supreme Court ordered that the first session of the Chandigarh civic body, which was set for February 7, be postponed indefinitely.
A bench led by Chief Justice of India DY Chandrachud was hearing a plea filed by AAP councillor Kuldeep Kumar challenging a Punjab and Haryana High Court order, which had refused to grant any interim relief to their application seeking fresh elections under the supervision of a retired judge.
The Chief Justice went on to say that this "murder of democracy can't be allowed" and that maintaining the integrity of the electoral process is crucial. The Supreme Court directed that the entire record of the mayoral elections be sequestered with the Punjab and Haryana High Court Registrar General.
“Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. We are appalled. This man should be prosecuted. Is this the behaviour of the Returning Officer?” CJI DY Chandrachud said.
"It is clearly visible in the video that he is looking into the camera and spoiling the ballot paper... Legal action should be taken against this officer," the Chief Justice of India said, while hearing the petition by AAP.
On January 30, the BJP easily defeated the Congress-AAP coalition in the Chandigarh municipal elections. Manoj Sonkar of the BJP had defeated the AAP's Kuldeep Kumar for the mayor's post, polling 16 votes against his rival's 12. Eight votes were declared invalid. The opposition councillors alleged that the presiding officer had tampered with the ballot papers, a charge rubbished by the BJP.
AAP has held mega protests in Delhi and Chandigarh over the issue and went to court, contending that the Returning Officer was caught on camera smudging the ballot papers.
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