The Supreme Court issued notice to Chandigarh authorities over the manner in which Chandigarh mayoral polls were held and ordered preservation of ballot papers and video of proceedings.
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The Supreme Court on Monday expressed deep anguish over the manner in which the recently concluded elections to the office of Mayor of the Chandigarh Municipal Corporation were held, saying “this is a mockery of democracy, murder of democracy, we will not allow it to happen”.
A bench of three judges led by Chief Justice of India Dr DY Chandrachud said, “The returning officer has defaced some ballot papers, he must be prosecuted.” This observation by the court fell when it was shown the video of the proceedings of the Mayor election held for the Chandigarh Municipal Corporation on January 30.
Coming down heavily on the Returning Officer, a Bench led by CJI DY Chandrachud said, “It’s obvious that he defaced the ballot papers. Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted.”
The top court ordered that the entire record of the mayoral election should be kept separately and safely with the Registrar General of the Punjab and Haryana High Court.
Issuing notice on AAP councillor Kuldeep Kumar’s petition challenging the results and seeking fresh election, it ordered that the ballots and videography should be preserved.
It directed the Chandigarh Deputy Commissioner to hand over all relevant records to the High Court Registrar General by 5 pm on Monday itself.
The Bench also stayed the ensuing meeting of the Chandigarh Municipal Corporation scheduled for February 7.
After watching the video, the CJI said the Bench was “appalled” to see the Presiding Officer’s conduct. “Why is he looking at the camera and running like a fugitive?” the CJI wondered.
BJP candidate Manoj Sonkar had bagged 16 votes against the 12 received by the Congress-AAP candidate Kuldeep Kumar after eight votes were rejected.
The political fight between the AAP and the BJP over Chandigarh mayoral polls had reached the Supreme Court on Thursday with Kumar challenging the high court’s order refusing to stay the election results.
A Division Bench of Justice Sudhir Singh and Justice Harsh Bunger of the Punjab and Haryana High Court had on Wednesday denied relief to AAP, which had demanded fresh polls under the supervision of a retired high court judge, alleging tampering with ballot papers.