SC censures Chandigarh mayor polls returning officer, halts upcoming sitting of MC

SC censures polling officers of Chandigarh mayoral polls

The Supreme Court on February 5 came down heavily on the returning officer who conducted the Chandigarh Mayoral polls in late January and noted that it was a 'mockery of democracy' and the officer's actions amounted to 'murder of democracy'.

The court directed that all poll records including ballot papers and videography of the proceedings be submitted to the registrar general of the Punjab and Haryana High Court by the evening. The court further deferred the upcoming sitting of the municipal corporation which was scheduled to take place on February 7. Furthermore, the returning officer has been asked to be present in the court on the next date of hearing.  The case will now come up for hearing on February 19.

During the hearing, senior advocate Abhishek Manu Singhvi, who appeared for an Aam Aadmi Party (AAP) councillor told the court that the ballot papers were defaced by the returning officer during the counting.  A bench led by the Chief Justice of India (CJI)  was shown the video of the alleged incident.

Upon viewing the video, CJI DY Chandrachud remarked "It is obvious that he has defaced the ballot papers, he needs to be prosecuted. Why is he looking at the camera? This is a mockery of democracy and murdering democracy. We are appalled. Is this behaviour of a returning officer? Wherever there is cross at bottom, he does not touch it and when it is at the top he alters it, please tell the returning officer that the Supreme Court is watching him."

The court then proceeded to pass the above order despite the lawyers for the opposing side demanding the court to look at the other angle of the case.

Chandigarh polls:

On January 30,  BJP swept the Chandigarh mayoral polls, in a setback to the Congress-AAP alliance. BJP candidate Manoj Sonkar defeated the AAP’s Kuldeep Kumar for the mayor’s post, polling 16 votes against his rival’s 12. Eight votes were declared invalid. Opposition councillors alleged the presiding officer tampered with the ballot papers, a charge rubbished by the BJP.

The AAP moved the Punjab and Haryana High Court and sought fresh elections under the supervision of a retired judge but the court refused to grant any interim relief. The case thus reached the Supreme Court on appeal against the HC order.