Supreme Court Declares Chandigarh Mayor: BJP’s Win Revoked, Election Official Anil Masih Notified
Today, the Supreme Court is conducting a hearing regarding the Chandigarh Mayor Election. The court has explicitly stated that the spoiled ballot papers by Returning Officer Anil Masih should be considered valid. Additionally, it has emphasized the need for a recount of the votes and the selection of a new mayor. The bench hearing this case consists of Chief Justice of India (CJI) DY Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra. This case holds significance in ensuring the integrity and fairness of the electoral process, and the decisions made by the court will have far-reaching implications.
Courtroom Live: February 20
During the proceedings, Chief Justice of India (CJI) Chandrachud stated, “If judicial officers are present, we demand to see the 8 spoiled ballot papers from the day of the election.” Following this, the judicial officers handed over the ballot papers to the bench. CJI Chandrachud, along with his colleagues Justices Pardivalla and Mishra, began deliberations.
The courtroom observed that out of the 8 ballot papers, Kuldeep Kumar’s stamp was affixed on one. The Returning Officer had marked underneath and drawn a single line in each place. Mr. Masih, the Returning Officer, had previously stated that wherever lines were drawn, the ballot papers were spoiled. What is wrong with these lines?
Kuldeep Kumar responded, “It’s just one line. It doesn’t invalidate the ballot. Mr. Masih finds faults in the video. They remained silent and appeared before the court. They realized they would be caught, and everyone’s attention will be diverted.”
The Supreme Court ruled that a recount should be conducted for the Chandigarh mayoral election. All 8 ballot papers should be considered valid, and the counting should proceed accordingly.
The Punjab Attorney General pointed out that some candidates accused Mr. Masih of using a blue pen, but that wasn’t the case. The judges requested to see the video.
Mr. Masih’s lawyer stated that he has the right to correct. Initially, there was a small dot on the ballot. Some were slightly torn. Masih indicated which ones were invalid. It may be right or wrong; it’s his decision.
Mr. Rohatgi: Why was he (Mr. Masih) watching the camera? There was a commotion, and Masih was checking if the camera was functioning. No culprit was seen facing the camera.
The Punjab government: No one should be punished for one person’s mistake. He (Masih) has been protecting himself from the beginning. He did the same before the Supreme Court.
Mr. Rohatgi: When they (AAP) were declaring votes, they took away ballots.
Justice Pardivalla: Yesterday, he admitted he marked the ballots. We watched the video. The controversy arose only after the results were announced.
The BJP candidate’s lawyer stated that if the Supreme Court reaches this decision, according to legal principles, elections should be held again.
The AAP candidate’s lawyer expressed their desire for a re-election so that they can benefit during the new election period. These people can trade horses during the interval between new elections.
Supreme Court Orders Examination of Ballot Papers
On Monday, February 19th, the Supreme Court summoned all ballot papers and videos related to the mayoral election in Delhi. Chief Justice DY Chandrachud announced that they would scrutinize the ballot papers, which have been subject to allegations of tampering.
The Returning Officer, Anil Masih, was directed to be present in court. Subsequently, the court ordered the disclosure of all ballot papers based on which the mayoral election was conducted. It was stated that the counting of the votes in the mayoral election would be announced based on the aforementioned ballots, disregarding the markings made by the Presiding Officer, Anil Masih, with a pen.
The Supreme Court instructed the Registrar General of the High Court to bring the ballot papers and videos to court on Tuesday. Measures were taken by the court to ensure the security of the judicial proceedings and the records. The court will review the entire video of the election and examine the ballot papers after 2 pm on Tuesday.
CJI Chandrachud emphasized the importance of uploading Masih’s video on all screens. He emphasized that watching the entire video would be beneficial for entertainment purposes as well as for a comprehensive understanding of the case.
CJI Chandrachud further stressed the need to review the case timeline accurately, or else it might prolong the proceedings unnecessarily.