
Indian Supreme Court on Monday (Feb 19) issued scathing remarks in the Chandigarh mayor polls row, demanding returning officer Anil Masih be prosecuted for interfering with the election process in the northern city.
The court ordered the result to be declared from present ballot papers, instead of ordering a fresh election. The court stated it will ask Chandigarh administration to appoint a neutral presiding officer and the counting will take place under the watch of a judicial officer nominated by the Punjab and Haryana Court.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra directed that the ballot papers be produced before the Court Tuesday (Feb 20) at 10.30 AM to ascertain if the votes can be deduced from them.
The court had earlier asked Masih why he put ‘X’ marks on ballot papers, to which the former presiding officer said they were already ‘defaced.’
The mayoral polls took place on January 30, and were won by the Bhartiya Janata Party (BJP) after Masih declared eight votes of the opposition as invalid.
The BJP candidate secured 16 votes whereas the joint candidate of Aam Aadmi Party (AAP) and Congress originally secured 20.
Those eight dismissed ballot papers became the point of contention between the two sides.
However, just a day before the hearing, three of AAP’s councillors - Poonam Devi, Neha and Gurcharan Kala - joined the BJP.
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The new addition takes BJP’s total tally to 19, including 14 BJP’s own councillors, three from AAP, one from Shiromani Akali Dal and BJP's Chandigarh MP Kirron Kher.
Chandigarh Municipal Corporation has 35 members.
On the previous hearing, the SC heavily came down upon the presiding officer and blasted him for ‘murdering democracy.’
"Is this the behaviour of a returning officer? He looks at the camera, and defaces the ballot obviously," the CJI had said after viewing a video of the counting.
The AAP and Congress described the court's observations as a "tight slap" for the BJP.
(With inputs from agencies)