New Delhi: The Supreme Court on Monday expressed its shock and dismay over the alleged tampering of ballot papers by the presiding officer in the Chandigarh mayoral election, which was won by the BJP candidate by a narrow margin of four votes. The court said that the officer should be prosecuted for his ‘mockery of democracy’ and ordered the preservation of all the evidence related to the election.
What happened in the election?
The Chandigarh mayoral election was held on January 30, 2024, in which the BJP’s Manoj Sonkar defeated the AAP’s Kuldeep Kumar by 16 votes to 12, after eight votes cast by the AAP councilors were declared invalid. The AAP and the Congress, which had allied under the INDIA bloc banner, accused the presiding officer, Anil Masih, of deliberately invalidating their votes by writing on their ballot papers. A video of Masih, who is also a member of the BJP’s Minority Cell, purportedly showing him marking the ballot papers before signing them, went viral on social media and sparked outrage among the opposition parties.
What did the Supreme Court say?
The Supreme Court took suo motu cognizance of the matter and watched the video of the controversial election. The Chief Justice of India, DY Chandrachud, who headed the three-judge bench, said, “Is this how they conduct elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted.” The CJI also said that the court was ‘surprised’ to see the behavior of the presiding officer and warned him that the Supreme Court was keeping an eye on him. The court also questioned the role of the election commission and the local administration in ensuring the fairness and transparency of the election.
What did the court order?
The Supreme Court ordered the Registrar General of the Punjab and Haryana High Court to secure and preserve the entire record of the election process, including the ballot papers, videography, and other material, by 5 pm on Monday. The court also directed that the budget session of the Chandigarh Corporation, which was scheduled to be held on February 6, be postponed till the next date of hearing, which is February 12. The court said that it would not allow the ‘murder of democracy’ and sought a reply from the presiding officer and the election commission on the allegations of fraud.
What is the reaction of the parties?
The BJP, which emerged victorious in the mayoral election, dismissed the allegations of tampering and claimed that the election was conducted in a free and fair manner. The party also accused the AAP and the Congress of creating a ruckus and tearing up the ballot papers during the counting process. The AAP, on the other hand, demanded the annulment of the election results and the conduct of fresh elections under the supervision of a retired judge. The party also filed a petition in the Punjab and Haryana High Court, seeking legal action against the presiding officer and the filing of a criminal case. The Congress and other opposition parties, such as the Samajwadi Party, also supported the AAP and condemned the BJP for ‘killing’ democracy and ‘disregarding constitutional propriety’.
