Chandigarh mayoral election: Supreme Court scrutinises ballots, orders recount

PTC Web Desk: In a significant development, the Chief Justice of India (CJI) DY Chandrachud on Tuesday raised questions regarding invalidated ballots in the Chandigarh mayoral elections. The Bench, led by CJI DY Chandrachud, examined the ballots, revealing that all eight had received stamps for one candidate, Kuldeep Kumar. The CJI pointed out a single line drawn by Returning Officer Anil Masih and questioned the justification given for such markings.

Raising concerns about possible "horse-trading" , the Supreme Court examined the ballot papers from the Chandigarh mayoral election, along with reviewing the video recording of the counting process. 

Following Monday's hearing, the Supreme Court strongly criticised Returning Officer Anil Masih, stating that he should face prosecution for "defacing ballot papers." The court issued an order for Masih to appear in court again on Tuesday.

Senior Advocate Gurminder Singh, representing Kuldeep Kumar, on Tuesday said there were only two candidates in the Chandigarh mayoral election. The CJI expressed skepticism about the reasoning behind the invalidated ballots, questioning where the defacement was evident.

On the other hand, Returning Officer Anil Masih defended his actions, claiming that the lines were drawn due to defaced ballot papers. However, the lawyers for Kuldeep Kumar argued that a single line wouldn't invalidate the ballots.

The courtroom drama escalated as the CJI directed a recount of votes, treating the previously invalidated eight ballots as valid. The decision sparked discussions between legal representatives, with accusations of misleading actions and an insistence on a thorough examination of the process.

Masih's lawyer, Advocate Mukul Rohatgi, defended his client's actions, claiming the right to disqualify based on his assessment. The court also delved into the questionable behaviour of Anil Masih during the counting process, captured on video.

In response to the events, the CJI asserted that a recount would be conducted, treating the contested eight ballots as valid.

Understanding the controversy | Key Points

• BJP emerged victorious in the Chandigarh mayoral election on January 30, with BJP's Manoj Sonkar defeating AAP’s Kuldeep Kumar
• The victory faced controversy as eight votes from the AAP-Congress alliance were declared invalid by Returning Officer Anil Masih
• Accusations of tampering with ballots and allegations of forgery and foul play arose, prompting defeated candidate Kuldeep Kumar to move the Supreme Court
• The Punjab and Haryana High Court had initially refused to grant an immediate stay on the poll result
• In the Supreme Court hearing, the Chief Justice of India, DY Chandrachud, expressed displeasure over the conduct of the Chandigarh mayoral election
• The Bench highlighted concerns about alleged horse-trading and insisted on examining the ballot papers to address the issues raised
• Returning Officer Anil Masih faced criticism for putting ‘X’ marks on the eight invalidated ballot papers, a move questioned by the Bench
• Masih admitted to the action, claiming it was to ensure they do not get mixed up, but the Bench insisted that, according to rules, only the officer's signature is permitted on ballots
• The CJI asserted that Masih should be prosecuted, emphasising that such actions cannot be allowed in an electoral democracy

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