Chandigarh Mayoral Poll Returning Officer Anil Masih Offers Unconditional Apology Before Supreme Court

Ex-Chandigarh mayoral poll presiding officer Anil Masih tendered an unconditional apology before the Supreme Court after facing criticism for tampering with ballot papers.

Anil Masih, the returning officer for the Chandigarh mayoral election, whose outcome was annulled by the Supreme Court in February, offered an unreserved apology to the apex court on Friday for his actions. He faced severe criticism from the Supreme Court, which ordered his criminal prosecution for allegedly making a false statement and misconduct during the vote count.

Masih expressed his regret and stated his intention to withdraw his earlier affidavit, in which he denied allegations of ballot tampering and claimed to be suffering from depression and anxiety, news agency PTI reported. He highlighted the mental anguish he and his family endured due to incessant criticism and media scrutiny following the leak of a purported video recording of the election process.

He stated that his “privacy and mental health was intruded upon” due to the media coverage during the period preceding his court appearance, PTI's report stated.

The Supreme Court, which invalidated the January 30 poll result and declared AAP-Congress alliance candidate Kuldeep Kumar as the new mayor, criticised Masih for marking eight ballot papers to invalidate them. Senior advocate Mukul Rohatgi, representing Masih, informed the bench that his client had submitted an unconditional apology and urged the court's leniency, as per the report.

However, senior advocate Abhishek Singhvi, representing Kumar, opposed the apology. The bench adjourned the matter until July 23 for further deliberation, according to PTI.

Masih, a nominated BJP member of the civic body, is facing criminal proceedings under section 340 of the Code of Criminal Procedure for allegedly making a false statement. The Supreme Court condemned his actions, stating that he unlawfully influenced the mayoral election and made false statements before the court.

Before recording Masih's statement, the court warned him of the serious consequences of making incorrect statements.

 Supreme Court Overturned Chandigarh Mayor Poll Results

In February, the Supreme Court invalidated Masih's decision to declare the Bharatiya Janata Party's (BJP) candidate as the winner of the Chandigarh Mayor polls after a video surfaced showing Masih defacing ballot papers. The Court addressed a petition filed by Aam Aadmi Party (AAP) Councillor Kuldeep Kumar, who alleged fraud in the decision of Returning Officer (RO) Masih to declare BJP's Manoj Sonkar (who has since resigned) as the Chandigarh Mayor.

Masih had invalidated eight votes for the AAP candidate, but CCTV footage captured him altering the eight ballot papers.

The Supreme Court, while overturning Masih's decision, declared Kumar as the winner of the mayoral polls. The bench rebuffed Masih's explanation for invalidating the eight votes, terming his conduct as unlawful and condemning his false statements before the Court.

Consequently, the Court issued a show-cause notice to Masih, and the matter is set to be heard in detail in July.

BJP's Manoj Sonkar was declared the winner of the Mayor elections on January 30 with 16 votes, surpassing the 12 votes received by the Congress-AAP candidate, Kuldeep Kumar, despite the AAP-Congress alliance having a majority in the house with 20 members. Out of 36 votes cast, 8 were rejected as invalid during the counting process.

AAP councillor Kuldeep Kumar first contested the Mayor poll results in the Punjab and Haryana High Court. Upon the High Court's refusal to halt the election results, Kumar approached the Supreme Court.

During the pendency of the case in the top court, Sonkar resigned from the post of Mayor, and three AAP Councillors switched to the BJP, a development that the Supreme Court disapproved of, terming it "distressing."

Senior Advocate Abhishek Manu Singhvi represented Kuldeep Kumar before the apex court.