Taking a strict view of the alleged defacement of poll papers in the course of the Chandigarh mayoral election, the Supreme Court docket has stated that the returning officer, Anil Masih, must be prosecuted for “interfering with the election course of”. The courtroom stated this after searching for solutions from Mr Masih, marking the primary time within the historical past of unbiased India {that a} returning officer has been cross-examined by the nation’s Chief Justice. 

Conducting a listening to on a petition on the alleged irregularities within the election on Monday, a day after three AAP councillors converted to the BJP, the Supreme Court docket additionally stated that the “horsetrading” that is happening is a critical matter.

The courtroom has requested for the poll papers to be dropped at it for examination on Tuesday. After initially proposing that, as an alternative of finishing up a contemporary election, the votes have to be counted afresh by a brand new returning officer, the courtroom stated that it’s going to determine on the problem after inspecting the poll papers. 

In the course of the counting of the mayoral election on January 30, eight votes had been declared invalid by returning officer Anil Masih and the AAP’s mayoral candidate, Kuldeep Kumar, had been defeated by Manoj Sonkar of the BJP with a margin of 4 votes. The AAP had claimed that Mr Masih – a member of the BJP’s minority cell – had intentionally invalidated the votes. 

A video had emerged of of Mr Masih writing on the poll papers of some AAP councillors whereas trying on the digicam, and the Supreme Court docket had referred to as his motion a “mockery of democracy” throughout a listening to on February 5. 

‘Reply In truth’

In the course of the listening to on Monday, the bench of Chief Justice DY Chandrachud, JB Pardiwala and Manoj Misra took be aware of the truth that the BJP’s Manoj Sonkar had resigned as mayor the earlier night after which requested Mr Masih to return ahead and reply just a few questions.

Chief Justice Chandrachud stated, “Mr Masih, I’m asking you questions. When you do not give truthful solutions, you may be prosecuted. It is a critical matter. Now we have seen the video. What have been you doing trying on the digicam and placing cross marks on the poll papers? Why have been you placing the marks?”

Admitting that he had put cross (X) marks on eight poll papers, Mr Masih responded that he had finished so as a result of the poll papers that have been defaced needed to be segregated.

“Why did you (Mr Masih) deface the poll papers? You solely needed to signal the papers. The place is it supplied within the guidelines you can put different marks on the poll papers,” the Chief Justice requested.

Chief Justice Chandrachud then turned to Solicitor Normal of India Tushar Mehta, who was representing the Chandigarh Administration, and stated, “Mr Solicitor, he (Mr Masih) needs to be prosecuted. He’s interfering with the election course of.”