Chandigarh Mayoral Polls: SC To Examine Ballots, Video After Alleged Tampering

The Supreme Court is set to examine the ballot papers of the recent Chandigarh mayoral election and the video recording of the counting process today. This comes amid concerns of "horse-trading" and the controversial victory of Bharatiya Janata Party (BJP) candidate Manoj Sonkar.

Sonkar emerged victorious in the election with 16 votes, defeating the Aam Aadmi Party-Congress alliance candidate Kuldeep Kumar, who secured 12 votes. However, controversy arose when the returning officer, Anil Masih, declared eight votes from the coalition partners as invalid, leading to accusations of ballot tampering. A viral video showed Masih, a member of the BJP's minority cell, marking ballots cast for AAP councilors. During a hearing on February 5, the Supreme Court criticized Masih's actions, calling it a blatant "mockery of democracy."

A bench led by Chief Justice DY Chandrachud, along with 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. Instead of immediately ordering fresh polls, the court suggested considering the declaration of results based on the votes already cast.

The court has also summoned the registrar general of the Punjab and Haryana High Court to present the records in New Delhi today.

During the hearing, Solicitor General Tushar Mehta, representing the Chandigarh administration, proposed the idea of holding a fresh election under the supervision of a judicial officer appointed by the High Court. However, the bench leaned towards completing the electoral process from the stage before the declaration of results, suggesting the nomination of a judicial officer to oversee the counting of the ballot papers and disregarding any defacement by the returning officer.

The focus then turned to Anil Masih, who had been accused of defacing the ballot papers. Chief Justice Chandrachud cross-examined the returning officer, expressing displeasure over the conduct of the election. The court warned Masih about potential prosecution for his actions, calling it a serious violation of the democratic process.

Kuldeep Kumar, the AAP's defeated mayoral candidate, moved the Supreme Court challenging the Punjab and Haryana High Court's refusal to grant interim relief for a fresh poll. The Supreme Court criticized the High Court for not passing any interim order.

In a significant development, Masih admitted that the marks on the ballot papers were intended to segregate defaced papers. Chief Justice Chandrachud questioned the necessity of defacing the papers, highlighting that the rules do not permit such actions.

Solicitor General Mehta found himself in a difficult position as the Chief Justice insisted on prosecuting Masih for interfering with the election process.

The Supreme Court has proposed directing the Deputy Commissioner to appoint a fresh returning officer who is not aligned with any political party. The court also decided 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," Chief Justice Chandrachud remarked.

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