A bench headed by CJI D Y Chandrachud warned that, if needed, it will appoint another returning officer to hold a fresh election.
Acting on a petition by AAP candidate Kuldeep Kumar and after watching the video of the polling, the bench acceded to senior advocate A M Singhvi‘s request and ordered indefinite postponement of the first sitting of Chandigarh Municipal Corporation scheduled for February 7 and posted the matter for further hearing on February 19.
With an electoral college of 36, comprising 35 elected members and the Lok Sabha member from Chandigarh, the AAP-Congress combine with a strength of 20 had looked poised to win the contest.
After venting its anguish over the conduct of RO Anil Masih and promising to safeguard the “purity of electoral processes” at any cost, the bench of the CJI and Justices J B Pardiwala and Manoj Misra asked the registrar general of Punjab & Haryana HC to immediately take control and secure the ballot papers, videography of polling and other material. “Produce the entire videography of the polling before us,” CJI Chandrachud said.
Don’t form opinion based on one side, SG appeals to SC
This is a mockery of democracy. He (RO) is murdering democracy. Is this the way he conducts an election? We are simply appalled by what has happened,” the court said. “Is this the behaviour of an RO? He looks at the camera, defaces the ballot. Where there is a cross at the bottom, he keeps it in the tray. The moment he sees a cross at the top, the man defaces the ballot and looks at the camera to find who is looking at it. Please tell your returning officer that SC is watching over him,” the CJI said. “The only great stabilising thing in this country is the purity of the electoral process. What has happened here?”
When senior advocate Maninder Singh, appearing for Manoj Sonkar, who was elected, tried to justify the process on Jan 30 and said it was a statutory requirement under the regulations for the person to sign ballot papers after casting a vote, the CJI said, “We are not on regulation. Our conscience needs to be satisfied. Otherwise, hold a fresh election. We will direct who the RO shall be and conduct a fresh election.”
The apex court’s observation is pertinent. The Chandigarh mayor election was controversial to say theleast. Free and fair elections are a non-negotiable feature of democracy and should be protected at all costs. Anyone trying to alter this fundamental principle must be stopped.
Solicitor general Tushar Mehta, appearing for the RO and Chandigarh administration, said the eight whose votes were invalidated ran away after casting their votes and marshals had to be called to bring them in. “We will be able to satisfy the court about the fairness of the process. Please do not form an opinion after hearing one-sided narration of the events,” he told a fuming CJI, who said, “This man (RO) needs to be prosecuted. Why is he looking at the camera? Is he an officer or a fugitive? He looks at the camera and quietly defaces the ballot papers.”
Singhvi said this impasse could be resolved by holding fresh elections. The bench issued notices to the respondents, including the Chandigarh administration and Sonkar, and said, “Prima facie at this stage, we are of the considered view that an appropriate interim order is warranted, which HC has failed to pass, in order to protect the purity and sanctity of the electoral process.”
