The Supreme Court on Tuesday stated that it will direct that Chandigarh Mayor elections votes be recounted and 8 rejected ballots be included in the process. The apex court also stated that all rejected 8 ballot papers have been cast for AAP Councillors.
After examining the 8 ballot papers that were rejected by Anil Masih, CJI DY Chandrachud stated: "All 8 has received the stamp for Kuldeep Kumar (the I.N.D.I.A bloc candidate). The RO signs at the bottom and puts a single line there. Everywhere he puts a single line. I have a question to Mr Masih you said that you put the line because it was defaced. Where has it been defaced?"
Responding to CJI, Senior advocate Mukul Rohatgi stated: "There is a small dot if it is seen clearly. What he has done is, that in one of them there is a small dot. Some are folded from the top by virtue of a line tick. He disqualified the same and that was his assessment. he looked at the video because there was commotion outside. No one can do this with cameras present. There is no guilty man looking at the camera."
The judgment came after a three-judge bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra examined the ballot papers and video recording of the counting in the Chandigarh mayoral polls.
A high-voltage political drama erupted on January 30 when the Bharatiya Janata Party won the mayoral polls, defeating the comfortably placed AAP-Congress alliance candidate as the returning officer scrapped eight votes of the coalition partners, drawing accusations of tampering with ballots.
Expressing "deep concern" over horse trading on Monday, the bench directed the registrar general of the Punjab and Haryana High Court to depute a judicial officer to bring the records safely to New Delhi and present them before it on Tuesday.
The apex court also directed the administration to ensure safe transit of the judicial officer nominated by the registrar general in pursuance of its order and also directed the Returning Officer Anil Masih to remain present.
"We will list this tomorrow and see the ballot papers and decide what to do. This whole business of horse trading which is going on is very disturbing. Let the entire video of counting of the votes be also produced tomorrow noon," the CJI said on Monday.
"We direct that the ballot papers, which have been placed in the custody of the Registrar General of the high court will be produced tomorrow morning before this court at 10:30 am by a judicial officer to be nominated by the Registrar General...,"the bench said in its order following a brief hearing.
Appearing for the Chandigarh administration, Solicitor General Tushar Mehta suggested that fresh polls be held under the supervision of a judicial officer who can be appointed by the high court to “obviate allegations/ counter allegations”.
The suggestion was vehemently opposed by the counsel appearing for the Aam Aadmi Party councillor.