Appalling, mockery, murder of democracy: SC on Chandigarh mayor polls

The Supreme Court on Monday came down heavily on the returning officer of the Chandigarh mayoral polls for defacing the ballot papers on video to influence the election results. Calling it a "mockery and murder of democracy", a bench headed by Chief Justice of India DY Chandrachud verbally observed that the returning officer ought to be prosecuted.

"It is obvious that he has defaced the ballot papers. He needs to be prosecuted. Why is he looking at the camera like a fugitive? Mr solicitor, this is a mockery of democracy and murdering democracy. We are appalled," CJI verbally remarked.

The CJI added, "Please tell the returning officer that the Supreme Court is watching him." The CJI made it clear that the top court won't allow democracy to be murdered.


SC issued a notice to Anil Masih, the returning officer, and also directed that entire records of the elections be preserved with the high court registrar general. SC also directed Masih to remain present in the court during next hearing to explain his conduct.

The bench ordered that the "ensuing meeting of Chandigarh Municipal Corporation on February 7 shall be deferred till the next date".

The case will come up for resumed hearing next Monday. Solicitor general Tushar Mehta appeared on behalf of the Chandigarh administration.

The development took place on a plea filed by AAP councillor Kuldeep Kumar who had petitioned the apex court against the Punjab and Haryana High Court's refusal to grant an immediate stay on the election result in which a BJP candidate was declared the Mayor of Chandigarh Municipal Corporation last Tuesday.

The Punjab and Haryana HC had last Wednesday issued a notice on Kumar's petition and posted the matter for resumed hearing after three weeks. The HC had refused to stay the results.

Kumar, in the appeal, has contended that HC erred in not staying the results. The petition further argues: "This is not a case of election dispute, but a case of abuse of public office, which destroys the very essence of faith reposed in the officer and is a constitutional wrong and breach of the doctrine of public trust. The case was so egregious that the High Court ought to have passed interim orders."

The AAP leader has sought stay on the operation of the notification that has been or may be issued for appointment of Manoj Sonkar as mayor of the Municipal Corporation Chandigarh. In his petition before the HC, Kumar has sought a fresh election in "a free and fair manner" under the supervision of a retired high court judge.

The petition alleged that in complete departure of the practice and rules, Masih refused to allow the nominees of parties to monitor the counting of votes. The appeal further argues there were three baskets in front of the presiding officer - two for the candidates of AAP-Congress alliance and BJP, and one for invalid votes.

As per the appeal, videos from the election clearly reveal that the presiding officer shuffled the votes from one basket to another "only with a view to create a confusion during which he completely compromised the election process by forgery and tampering".