Chandigarh Mayor Poll | Presiding Officer Admits Putting Marks On 8 Ballots; 'He Must Be Prosecuted', Says Supreme Court [Read Exchange]

The Supreme Court today, while hearing the issue of Chandigarh mayor Elections, posed questions to Mr Anil Masih, the presiding officer of the mayoral elections as to the reason for his 'unusual conduct' while counting the votes.  

The bench opined that Mr Masih should be prosecuted for interfering with the election process. The Court said that instead of ordering a fresh election, it would order the counting of votes based on the existing ballots by a neutral Presiding Officer. The Court directed that the ballot papers in the custody of the Registrar General of the High Court be produced before the Court tomorrow at 2 PM in accordance with relevant steps for the preservation of the ballot papers for the scrutiny of the court. 

Mr. Anil Masih, a nominated member of the Chandigarh Municipality and belonging to the BJP, was appointed as the Presiding Officer of the Chandigarh Mayor elections. On February 5, the Court had directed the personal presence of Mr.Masih, after seeing the videos which suggested that he had put marks on certain ballot papers to deliberately render them invalid, helping the victory of the BJP candidate.

In an extensive round of grilling by CJI DY Chandrachud, the Returning Officer, Mr Masih admitted that he did put certain marks on 8 ballot papers while the counting process was ongoing. 

The volley question- answers between the CJI and Mr Masih went as follows : 

CJI : Mr Masih, I am asking you questions. If I find that you are not giving me a truthful answer, you will be prosecuted. Every word that you say, you will be held liable for what you say. You are not in a political contest you are in a Court of Law, so please understand that. This is a serious matter. We have seen the video. What were you doing looking at the camera putting out crosses on the ballot papers? Why were you putting marks? 

Masih : Sir, these councillors were making so much noise - camera! camera! camera! , that is why I am looking at what is  the Camera they are talking about, that's why I was looking at the cameras. .....After the voting, I had to put signs on the ballot papers. The ballot papers which were defaced, I was just highlighting that it should not be mixed again that was the only reason. 

CJI : It is very obvious from the video that you look at some of the ballot papers, depending upon the cross on the top or the bottom, you put your signature and put the ballot paper in the tray. Where the cross is at the other end of the ballot paper, you put an X mark on the ballot paper , it was very clear that you were putting X marks on certain ballot papers. Did you or did you not put X marks on certain ballot papers? 

Masih : Yes.  I marked on the defaced 

CJI : On how many ballot papers was  X mark put?

Masih : 8 ballot papers.

In his defence, Mr Masih explained that he had only put markings (and not an X mark per say) on those ballot papers to ensure that they do not get mixed with other papers. He also informed that right when he did these markings, Mr Manohar and Mrs Premlata belonging to the AAP party came and started snatching and destroying the ballot papers.  He further added that the Chandigarh Police Marshalls had to intervene and preserve the ballot papers amidst the said chaos. 

The CJI however, still pressed as to what necessitated the presiding officer to make such marking in the first place.  The bench asked him under which provision of the law was he entitled to make such markings, as his post as a presiding officer only allowed him to put his signature under each ballot paper and nothing beyond. 

CJI : Ballot paper ko deface aap kyu kar rahe the? App aise kyu kare? Aapko sign karna hai? (Why did you deface the ballot papers? You had to sign the papers only. Where is it provided in the rules that you can put other marks in the ballot papers) 

Masih: Sir I was highlighting that they are defaced 

CJI : So it is admitted that you have put your marks on the ballot 

Masih : Jee (yes) Sir  

Considering the above response of the Officer, the CJI expressed his utter disappointment towards the flouting of duties as a Returning Officer which as per him deserved prosecution.

" His answer is very clear, he has to be prosecuted. I think interfering with the electoral democracy by a Returning Officer is the gravest possible thing."

It was the claim of Mr Masih that he had only put marks on 8 ballot papers which were defaced. The bench took note of the fact that the present irregularities in the election process have led to horsetrading amongst political parties.  

"The process of horsetrading which is going on is a serious matter..."

CJI directed that the Registrar General of the P&H High Court appoint a judicial officer who shall produce the ballot papers before the Court for their perusal. 

The bench comprising the Chief Justice, DY Chandrachud and Justices JB Pardiwala and Manoj Misra was informed that the incumbent mayor from the BJP has resigned. 

Also from today's hearing - 'Concerned About Horse Trading' : Supreme Court Proposes Declaring Chandigarh Mayor Election Results Based On Present Votes Instead Of Fresh Election