The Supreme Court on Monday grilled the presiding officer Anil Masih and asked him several questions on his conduct during the controversial Mayoral elections in Chandigarh. After hearing his response, the CJI DY Chandrachud remarked that Masih must be prosecuted for marking the ballot papers.
The court while dictating the order said that they will see ballot papers and directed Masih to be present again on Tuesday in court. Responding to a query of court, Mr Masih admitted that he put a cross mark on 8 ballot papers. Masih said that he was separately marking ballot papers which were defaced by the voters, so that they wouldn't get mixed up.
"Mr Masih. I am asking you questions, if you answer incorrectly, you will be prosecuted," the CJI warned Masih.
"Why were you looking into the CCTV?" CJI asked.
"Sir, the councillors were making noise on the floor saying camera! camera!...so, I looked at the camera to see what they were talking about..." Masih answered.
"After the voting, I had to sign the ballot papers. I was just highlighting the defaced ballot papers so that they don't get mixed again that was the only reason." Masih further explained.
CJI: It is very evident from the video that you were putting 'X' marks on certain ballot papers. Did you put 'X' marks on certain ballot papers? Answer in Yes or No.
Masih: Yes on 8 papers. AAP members snatched and destroyed the ballot papers.
"Why were you defacing ballot papers selectively? Who gave you powers?...You can only sign ballot papers, but you were seen marking them with 'X' sign" the CJI asked Anil Masih.
Masih: I was highlighting defaced papers.
CJI: He has to be prosecuted. He is clearly admitting to marking the ballot papers.
The CJI said that the results should be declared disregarding any mark put on the ballot papers by the returning officer. Let the process be overseen judicially by the High Court the top court ordered. The court will on Tuesday look at the ballot papers to see if results can be deduced from them.
Earlier on February 5, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra heard the petition by AAP candidate and slammed Masih for his conduct and directed him to explain his conduct as presiding officer in the Chandigarh Mayor elections to the top court in person in next hearing.
The CJI had called what transpired in mayoral elections "murder of democracy".
"It is obvious that he defaced the ballot papers. Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted! Tell him the Supreme Court is watching him," CJI Chandrachud said while passing orders.
The court had expressed dismay over the videos that surfaced from the elections and asked why Masih was looking at the CCTV camera while counting ballot papers.
The AAP and Congress have accused Masih of tampering ballots to favour BJP candidate Manoj Sonkar.
It is alleged by the INDIA bloc candidate Kuldeep Kumar that Masih rejected 8 votes as invalid while counting by forgery and BJP won elections by fraud.
On January 30, Manoj Sonkar, the Mayor candidate from BJP was declared the Mayor after winning 16 votes against the 12 votes received by the Congress-AAP candidate Kumar.
On February 18, just one day before the next hearing in the Supreme Court, the BJP candidate Manoj Sonkar resigned from the Mayor's office. In another key development before the hearing, three Chandigarh AAP Councillors Gurcharan Kala, Punam Devi and Neha Musawat joined the BJP.