"This is a mockery of democracy", says CJI Chandrachud on Chandigarh Mayor's Election

Amid the Controversy surrounding the Chandigarh Mayor Elections held on January 30 being ‘rigged’, the Supreme Court has taken a strong stance against the alleged irregularities in elections. 

Chief Justice of India DY Chandrachud, presiding over a three-judge bench with Justices J B Pardiwala and Manoj Misra, criticised the conduct of the presiding officer, Anil Masih, stating that the actions amounted to "murdering democracy."

In the Mayor elections, BJP secured a win after eight votes were declared invalid. BJP’s candidate Manoj Sonkar secured 16 votes out of 35 votes. The Congress and AAP mayoral candidate Kuldeep Singh managed to get just 12 votes, while eight votes were declared invalid. However, The Aam Aadmi Party (AAP) challenged the election results, leading to a series of hearings in the supreme court. 

chandigarh mayor elections

Chief Justice of India DY Chandrachud, heading a bench, was addressing a petition from AAP councillor Kuldeep Kumar, contesting Punjab and Haryana High Court decision denying interim relief for their request to conduct new elections supervised by a retired judge.

AAP-Congress coalition claimed allegations that Presiding Officer Anil Masih tampered with ballot papers, leading to BJP's victory in the mayoral elections.

Chief Justice of India DY Chandrachud, presiding over a three-judge bench with Justices J B Pardiwala and Manoj Misra,stated it as "murdering democracy."

Photo: Bar and Bench

CJI Chandrachud remarks on the ‘rigged’ Mayor Elections

During the proceedings, CJI Chandrachud leading a three-judge bench, expressed dismay over Masih's behaviour, noting, "Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. We are appalled. This man should be prosecuted.”

He added, “Is this behaviour of a returning officer? (He) looks at the camera, faces the ballot and then obviously where there is a cross at the bottom, he just keeps it in the tray. The moment there is a cross at the top, the man defaces the ballots and looks at the camera to see who is looking at him.” 

“Please tell your returning officer that the Supreme Court is watching over him. And we will not allow democracy to be murdered like this. The great force in this country is the purity of the electoral process, but what has happened here!” 

returning officer of chandigarh mayor elections seen tampering the votes in an alleged cctv camera footage

The CJI said that the entire video be produced before the court on the next occasion and Mehta agreed to do so. "We want our conscience to be satisfied. Otherwise, hold a fresh election. We will direct who the returning officer shall be. Conduct a fresh election," asserted CJI Chandrachud, emphasizing the significance of ensuring the purity and sanctity of the electoral process.

The Supreme Court's notice stated, "Prima facie, at this stage, we are of the considered view that an appropriate interim order was warranted, which the High Court has failed to pass, in order to protect the purity and sanctity of the electoral process."

The court directed the sequestration of the entire record of the election process including ballot papers, videography, and other material through the Registrar General of Punjab and Haryana High Court by 5 pm on Monday and the returning officer shall hand over the records as it is.

The court directed the postponement of the upcoming meeting of the Chandigarh Municipal Corporation, originally set for February 7, 2024, until further orders are issued by the court.\

Photo: From Various Sources

(Inputs from agencies)

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