The Supreme Court on Monday said it is “deeply concerned about the horse-trading taking place” post the controversial Chandigarh mayoral elections, and summoned the entire records and video of the polls held on January 30.
The court directive came after it observed that Returning Officer Anil Masih “has to be prosecuted” for interfering with electoral democracy by “defacing” eight ballot papers, which swung the results in favour of the BJP.
BJP’s winning candidate Manoj Sonkar has resigned as Mayor ahead of the top court hearing on February 19. However, the Bench headed by Chief Justice of India D.Y. Chandrachud took note of media reports that three Aam Aadmi Party (AAP) councillors from Chandigarh had since then joined the BJP.
“This matter is very important. We are deeply concerned that this kind of horse-trading is taking place,” Chief Justice Chandrachud observed.
The Bench ordered the ballot papers and video of the mayoral elections, which was sequestered by the Registrar General of the Punjab and Haryana High Court on February 5, to be produced before the Supreme Court on February 20 at 2 p.m. The Registrar General would depute a judicial officer, who would be provided security during transit.
The Chief Justice refused Solicitor-General Tushar Mehta’s request to postpone the hearing to February 21, saying that “we are keen because of this business of horse-trading which is going on”.
Mr. Mehta, initially during the hearing, proposed fresh mayoral elections under a new Returning Officer deputed by the High Court. He said the polls could be videographed and records placed before the High Court.
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‘Recount, not re-election’
However, Punjab Advocate-General Gurminder Singh suggested an alternative. He said the votes were clearly cast on January 30 and there was no problem with the Chandigarh mayoral elections until the Returning Officer allegedly “defaced” the eight ballot papers. He, in turn, suggested a fresh counting of the ballots polled on January 30 rather than de novo elections.
“Please ignore the misdemeanour and take the elections to the logical end. Giving his [Masih] conduct a premium and ordering fresh elections would ensure that the person who would have won the elections that day would lose it now. This would not be in the interest of justice…. Horse-trading has happened. That is why there is now a request for fresh elections,” Mr. Singh submitted.
But Mr. Mehta said the petition filed by the AAP in the top court has specifically sought fresh elections.
Calling Mr. Masih, who was present, to the front of the courtroom, Chief Justice Chandrachud questioned him about his conduct caught on camera, reminding him that “you are not in a political contest, but in a court of law” and he would be liable for every word he said.
After the brief exchange, the Chief Justice turned to Mr. Mehta, remarking that “he [Masih] has admitted that he put the marks in the eight ballot papers. His answers show that. He has to be prosecuted. Interference with electoral democracy by Returning Officers is the gravest possible thing”.
The court ordered Mr. Masih to be present in court again on February 20. In the previous hearing, the Chief Justice had termed his conduct as that of a “fugitive” who was making a “mockery of democracy”.
