News Brief
Amid Chandigarh Mayoral Election Row, Supreme Court To Examine Ballot Papers, Video Of Counting Process Today: Here's All You Need To Know
Kuldeep Negi
Feb 20, 2024, 09:37 AM | Updated 09:38 AM IST
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The Supreme Court is set to examine the ballot papers and video footage of the counting process from the Chandigarh mayoral election today amid concerns about "horse trading" and the controversial victory of the Bharatiya Janata Party (BJP).
BJP candidate Manoj Sonkar won the election with 16 votes, defeating the Aam Aadmi Party-Congress alliance candidate Kuldeep Kumar, who received 12 votes.
The election became controversial when the returning officer, Anil Masih, invalidated eight votes from the alliance, leading to allegations of ballot tampering.
A video circulated online showed Masih, who is associated with the BJP, marking ballots intended for AAP councillors.
The Supreme Court criticised his actions during a 5 February hearing, calling it a mockery of democracy.
A Supreme Court bench comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, expressed concern over the allegations of "horse trading" and decided to inspect the ballots and video recording of the counting process.
The court suggested declaration of results based on the existing votes instead of ordering a new election immediately.
The court also summoned the Punjab and Haryana High Court's registrar general to submit the records in New Delhi today.
During the hearing, Solicitor General Tushar Mehta, representing the Chandigarh administration, suggested a new election under the supervision of judicial officer appointed by the High Court.
However, the bench, after deliberation, preferred to continue the electoral process from the point before the results were announced, proposing a judicial officer oversee the recount and ignore any marks made by the returning officer.
Focusing on Masih's actions, Chief Justice Chandrachud questioned him directly, a rare occurrence in India's legal history. The court warned Masih of potential prosecution for his actions, calling it a serious violation of the democratic process.
Masih admitted the marks were intended to segregate defaced ballot papers, leading to further questions from Chief Justice Chandrachud about the necessity of such marks.
The AAP's defeated mayoral candidate, Kuldeep Kumar, had moved the Supreme Court challenging the Punjab and Haryana High Court's refusal to grant interim relief for a fresh poll. The Supreme Court then criticised the High Court for not passing any interim order.
Solicitor General Mehta raised concerns about damaged ballots and was countered by Kumar's lawyer, who argued that only eight ballots were in question and not damaged. The Supreme Court then resolved to examine the contested papers today, demanding their presentation with adequate security.
"The process of horsetrading which is going on is a serious matter," the Chief Justice said.
The Supreme Court reserved its judgment on whether to conduct fresh elections or validate the earlier votes.
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Kuldeep is Senior Editor (Newsroom) at Swarajya. He tweets at @kaydnegi.
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