Chandigarh mayor row: Why is the Supreme Court reviewing ballot papers?

The Chandigarh mayoral elections continue to create national headlines. After all, it’s a first that the Supreme Court has slammed a returning officer and even directed for his prosecution. The apex court has also called for the examination of the ballot papers of the Chandigarh mayoral poll and video recording of the counting process that is at the heart of a bitter politico-legal fight between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP).

The bench led by Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra slammed Anil Masih, the Returning Officer for the Chandigarh Municipal polls, saying he must be prosecuted for “defacing ballot papers”.

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Additionally, the court has suggested that rather than immediately ordering fresh polls, the results be declared on the votes already cast.

But what exactly has happened? What led to the court questioning the returning officer and coming down heavily on him? And what happens next?

The Chandigarh mayoral poll

On 30 January after the votes were cast, the BJP’s mayoral candidate Manoj Sonkar was declared the winner with a margin of four votes over AAP’s Kuldeep Kumar. This election was particularly significant as it saw the alliance of the Congress and the AAP. Many believed that this would set the stage for potential alliances in other states during the upcoming Lok Sabha elections.

However, during the vote, Returning Officer Anil Masih deemed eight votes to be invalid. This was questioned by the Opposition, who alleged that he had unfairly invalidated the votes. On social media, AAP chief Arvind Kejriwal had expressed “serious concern” over the “cheating" in “broad daylight”.

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देखिए मोदी जी किस तरह चुनावों में हेराफेरी करवाते हैं। चंडीगढ़ मेयर के चुनाव में जो हेराफेरी हुई, वो आपको चौंका देगी। pic.twitter.com/J6YmzN5pXl

— Arvind Kejriwal (@ArvindKejriwal) January 31, 2024

The AAP then approached the Punjab and Haryana High Court and later the Supreme Court, with videos showing his alleged interference with ballot papers.

SC’s observations

On 5 February, the Supreme Court heard the plea and watched the video of Anil Masih’s conduct during the vote counting process. At that hearing, the apex court came down heavily on Masih and noted that it was a “mockery of democracy” and the officer’s actions amounted to “murder of democracy”.

CJI DY Chandrachud had then remarked, “It is obvious that he has defaced the ballot papers, he needs to be prosecuted. Why is he looking at the camera? This is a mockery of democracy and murdering democracy. We are appalled. Is this behaviour of a returning officer? Wherever there is cross at bottom, he does not touch it and when it is at the top he alters it, please tell the returning officer that the Supreme Court is watching him.”
The Supreme Court then directed that the “entire records pertaining to the election of the mayor of the Chandigarh Municipal Corporation” be kept in the custody of the Registrar General of the Punjab and Haryana High Court.

The judges also asked the poll officer Masih to be present before the court on 19 February — when it would be hearing the matter again — to explain his conduct as it appears in the video.

SC reprimands Anil Masih

On Monday, as per the SC’s orders, Returning Officer Anil Masih, who conducted the Chandigarh mayoral polls, presented himself in court where he was posed some questions — a first in India, as per an NDTV report.

At first, Chief Justice DY Chandrachud quizzed Masih over why he put the “X” mark on some ballot papers. The CJI asked: “What were you doing looking at the camera putting out crosses on the ballot papers? Why were you putting marks?”

The returning officer responded, “All the ballot papers were defaced. I was just marking those. There were so many cameras that I was just looking at those.”

Unsatisfied by the officer’s response, the bench told Masih that the video proceedings showed him putting the ‘X’ mark on the ballot papers. It was then that the officer admitted he had put the X mark on eight ballot papers to ensure that they didn’t get mixed with the others.

The bench asked, “You can sign the ballot papers, but why were you putting ‘X’ on those ballot papers?” It pointed out that under the relevant rules, the returning officer can only sign the ballot papers.

“It means, you marked it,” the CJI said, adding that Masih has to be prosecuted and this cannot be allowed in an electoral democracy.

What comes next

Voicing its deep concern over the conduct and allegations, the Supreme Court will examine the ballot papers of the Chandigarh mayoral polls today. Additionally, instead of ordering fresh polls, it has also considered declaring the results on the basis of the votes already cast.

The court has also directed Returning Officer Anil Masih to remain present today as well.

Earlier, the Solicitor General Tushar Mehta, who is appearing for the Chandigarh administration, said that a fresh election be held. However, this suggestion was vehemently opposed by counsel for AAP councillor and defeated mayoral candidate Kuldeep Kumar.

Interestingly, BJP’s Manoj Sonkar resigned as Chandigarh mayor on Sunday night, a day before the Supreme Court’s hearing. Chandigarh BJP chief Jatinder Malhotra had said, “Mayor resigned on moral grounds. The AAP and the Congress were vitiating the atmosphere by levelling baseless allegations of votes tampering. Now, when fresh polls will be held, people will get to know who takes the majority.”

It will be interesting to see what happens next: Will the BJP secure the win or will the AAP triumph?

With inputs from agencies