The Supreme Court on Monday slammed the presiding officer Anil Masih for his conduct in the Chandigarh Mayor elections. The CJI DY Chandrachud while hearing the case said that the presiding officer should be prosecuted for making a mockery of democracy. He said that it was obvious from the video that he defaced ballot papers.
"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," CJI DY Chandrachud while passing orders.
The three-judge bench headed by CJI directed that entire record of Chandigarh Mayor elections be sequestered under custody of Punjab & Haryana High Court Registrar General. The court further said that the February 7 meeting of Municipal Corporation shall stand deferred till further orders.
The top court in its written order directed Masih to explain his conduct to court in person in next hearing.
The court took a prima facie view and further added the high court failed to pass an order to protect sanctity of electoral process. The court has listed the matter for further hearing on Februrary 19.
The court was hearing the Aam Aadmi Party (AAP) Councillor Kuldeep Kumar's petition against Punjab and Haryana High Court’s refusal to grant an immediate stay on the Chandigarh Mayor election result in which a Bharatiya Janata Party (BJP) candidate was declared as Mayor of Chandigarh Municipal Corporation.
A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra heard the petition.
The row over the elections erupted after AAP and Congress who jointly contested the Mayoral elections under the INDIA bloc accused the presiding officer Anil Masih of refusing to allow the nominees of parties to monitor the counting of votes.
They have also alleged that videos from the election clearly show that Masih shuffled the votes from one basket to another and tampered with ballot papers.
The controversial Mayoral poll in Chandigarh reached the apex court after the high court refused to immediately stay the election result.
The AAP councillor sought fresh elections under the supervision of a retired High Court judge. However, the high court only issued notice in the case and listed it for further hearing on February 26.
Manoj Sonkar, the Mayor candidate from BJP was elected as the Mayor on Tuesday after winning 16 votes against the 12 votes received by the Congress-AAP candidate Kuldeep Kumar.
The presiding officer Anil Masih rejected 8 votes as invalid while counting. Kumar then moved the Punjab and Haryana high court alleging fraud by BJP. The AAP Councillor alleged that the rejection of the eight votes was done by forgery.
Punjab Chief Minister Bhagwant Singh Mann had said on Wednesday that the party will move the top court for an early hearing in the matter.
"Today will go down in history as a 'black day' in our country's democracy. Unfortunately, this is the same month that we commemorate Republic Day. Today, the Constitution has been shredded. The BJP 'looted' the Chandigarh mayor election in front of the media and cameras. Previously, they did this in Madhya Pradesh, Karnataka, Goa, Maharashtra, and the northeastern states. So this is their old habit," Mann stated during a press conference.