Supreme Court seeks vote tally of Chandigarh Mayor polls, here's why

The apex court has directed the retrieval of ballot papers and videography footage of the polling process.

Author
Mayank Kasyap
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Courtesy: X/Politics_2022_

New Delhi: The Supreme Court of India has taken cognizance of reports regarding alleged horse trading of councillors in the Chandigarh mayor election. Amidst concerns, the court has initiated an enquiry to determine the validity of the election results based on the votes cast on January 30.

Judicial scrutiny, direction

A bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra has directed the retrieval of ballot papers and videography footage of the polling process. These materials, which were taken into custody by the Registrar General of Punjab and Haryana High Court, will be presented before the Supreme Court for evaluation on Tuesday.

The court aims to ascertain the integrity of the ballot papers and assess whether the election results can be declared based on them. The unexpected victory of the BJP by a margin of 16-12, following the invalidation of eight votes from the AAP-Congress coalition, has raised questions about the electoral process's fairness.

Petition for fresh election

Petitioner Kuldeep Kumar has moved the court seeking a fresh election, citing concerns over the alleged irregularities in the polling process. However, the Advocate General of Punjab and senior advocate Gurminder Singh argued that the existing ballot papers remain valid, provided the defacement attributed to the returning officer, Anil Masih, is rectified.

Court engages with Anil Masih

The Supreme Court has directly engaged with the returning officer, Anil Masih, who stands accused of defacing ballot papers during the Chandigarh mayoral election. The bench issued a stern warning, stating that if Masih fails to provide truthful answers, he could face prosecution.

During the proceedings, Masih acknowledged placing marks on eight ballot papers but asserted that he did so to rectify pre-existing defacements. The court emphasized the seriousness of the matter and ordered a thorough examination of the ballot papers to verify Masih's claims.

Opposition's stand, court's response

The Chandigarh administration, represented by Solicitor General Tushar Mehta, opposed the suggestion to declare the election results based on the existing votes. Mehta urged the court to order fresh polls under the supervision of a returning officer appointed by the judiciary.In prior hearings, the Supreme Court had rebuked Anil Masih, condemning his actions as detrimental to democracy. The court underscored its vigilance over the electoral process and stressed the need for transparent and fair elections.