'Concerned About Horse Trading' : Supreme Court Proposes Declaring Chandigarh Mayor Election Results Based On Present Votes Instead Of Fresh Election

The Supreme Court on Monday (February 19) proposed that the results of the controversial Chandigarh Mayor election will be declared on the basis of present ballot papers instead of ordering a fresh election.The Court stated that it would direct that the votes already cast be counted by disregarding the marks which were made on them by the previous Presiding Officer Mr.Anil Masih. The Court stated that it will ask the Deputy Commissioner of the Chandigarh Administration to nominate an officer, who is not aligned with any of the political parties, to be the returning officer to count the ballots and declare the results. The Court stated that the entire counting process will be judicially overseen by a judicial officer nominated by the Punjab and Haryana High Court."The process shall be taken to the logical conclusion from the stage it stopped before the declaration of results...", Chief Justice of India DY Chandrachud said.A bench comprising CJI, Justices JB Pardiwala and Manoj Misra directed that the ballot papers be produced before the Court tomorrow at 2 PM to ascertain if the votes can be deduced from them. The Registrar General of the High Court has been asked to nominate a judicial officer to bring the ballot papers to the Court.Chandigarh administration proposes a fresh electionSolicitor General of India Tushar Mehta, appearing for the Chandigarh Administration, suggested that a fresh election be held under the supervision of a judicial officer.However, Kuldeep Kumar, the Aam Aadmi Party candidate who lost the Mayor election, opposed the proposal. Senior Advocate Gurminder Singh, appearing for Kuldeep Kumar, submitted that votes can be counted on the basis of the present ballot papers. As per the regulations, the ballots are rendered invalid only on three conditions - (1) if votes are cast for more than two candidates, (2) if any mark is left identifying the voter, (3) if any mark is left on the ballot making it difficult to ascertain to whom the vote is cast.Singh submitted that none of the conditions are present in the eight ballot papers, which were defaced by the Returning Officer Anil Masih."Mr.Masih was a member of the minority wing of the other party. Regardless of his misdemeanour, if we can take the election to its logical result..." Singh submitted.The Court then stated that it would order the counting based on the present ballots. At this stage, the SG stated that some of the ballots were believed to be torn. It was at this point that the Court directed the production of the ballot papers tomorrow for its examination.The Solicitor General requested that the matter be kept day after tomorrow, instead of tomorrow. However, the bench refused."We are deeply concerned about the horse-trading which is taking place..." CJI Chandrachud said. It may be noted that ahead of the Supreme Court hearing, the BJP candidate who was elected as Mayor, Manoj Sonkar, resigned. There are also reports that 3 AAP councillors joined the BJP.Interaction with the Returning OfficerThe bench also interacted with Anil Masih, the Presiding Officer of the Election, who was asked to be present today. On the previous day, after seeing the video of the elections which suggested that Masih had defaced some ballots, the bench had asked for his presence.The bench was told that Masih was a nominated member of the Chandigarh Municipality and he belonged to the BJP.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...

'Concerned About Horse Trading' : Supreme Court Proposes Declaring Chandigarh Mayor Election Results Based On Present Votes Instead Of Fresh Election

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