The Supreme Court on Monday directed the ballots cast during the controversial Chandigarh mayoral elections last month to be produced before it on Tuesday and said.
That it was deeply concerned by reports of “horse trading”, warning the returning officer accused of tampering ballots that he should be prosecuted.
The three-judge bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud also said that it may consider declaring the results on the basis of votes already cast instead of ordering fresh elections (ANI)
The three-judge bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud also said that it may consider declaring the results on the basis of votes already cast instead of ordering fresh elections.
“We also read newspapers. We are deeply concerned about the horse-trading which is taking place,” said the bench, also comprising justices JB Pardiwala and Manoj Misra. The comments came a day after three Aam Aadmi Party (AAP) councillors joined the Bharatiya Janata Party (BJP) in Chandigarh and the mayor, Manoj Sonkar, resigned.
“We will list this tomorrow and see the ballot papers and decide what to do. This whole business of horse trading which is going on is very disturbing. Let the entire video of counting of the votes be also produced tomorrow noon,” the CJI said.
The apex court also questioned the man officiating the election, BJP office bearer Anil Masih, who controversially declared eight votes invalid. Masih defended himself, saying he only was marking out defaced ballots. But the bench warned that the officer’s conduct was serious and should warrant prosecution.
It directed the sealed cases containing the ballots from the January 30 poll to be produced before the top court under full security by a judicial officer deputed by the Punjab and Haryana high court registrar general.
The matter will be heard at 2pm on Tuesday.
The court’s directions mark a fresh twist in the murky saga of the Chandigarh mayoral elections. The drama began on January 30, when the BJP won the poll after the chair scrapped eight Opposition votes, sparking allegations of vote tampering.
In the House of 35, the INDIA bloc candidate Kuldeep Dhalor was tipped to win after the Aam Aadmi Party (AAP), with 13 members, and the Congress, with seven, joined hands and supported a joint nominee. But he was defeated by the BJP’s Sonkar after the nominated councillor officiating the election, BJP office bearer Masih, declared eight votes invalid. No official reason was given for the decision during the announcement of the results. Masih later said that ballot papers had some pen marks.
Visuals from the chamber showed Masih making some marks on the ballot papers. On February 6, the CJI-led bench hit out at Masih, saying that it was obvious he had defaced the ballots and accused him of murdering democracy. The bench directed the entire election record, including ballot papers and videography, be sealed and preserved with the registrar of the Punjab and Haryana high court.
In the top court on Monday, Punjab advocate general Gurminder Singh suggested to the top court that instead of ordering fresh elections, the votes that have been cast could be counted regardless of the marks made by the returning officer.
Solicitor general Tushar Mehta, representing the Chandigarh administration, objected to this, saying that the petitioner prayed for fresh elections. “The prayer was to hold elections afresh. The court may request the HC to depute an officer to act as returning officer,” Mehta said.
But the bench hinted it may consider either option.
“The polling is intact. Let us first see if it is possible to deduce from ballots for whom the ballots were marked. Then we can deal with your submission for holding fresh elections,” the court told Mehta.
If the three defections from Sunday night are counted, the BJP currently holds the advantage over the AAP-Congress combine in the Chandigarh mayoral House, and will have the edge if fresh polls are held.
Masih was also present in the top court on Monday and was questioned by confronting him with the video grab that showed him making marks on eight ballots and looking into the CCTV camera on top of him. “What were you doing looking at the camera, putting crosses on ballot papers. Why were you putting those marks,” the bench asked the returning officer.
Masih – who was one the general secretary of the BJP’s minority wing — told the top court that he was marking out defaced ballots. But the bench was not impressed.
“The rules allow you to sign the ballot papers. Which rule permits you to put ticks or crosses?” the bench asked. “This is a serious matter. He should be prosecuted. This cannot be permitted in an electoral democracy,” it added.
The court even inquired how Masih was appointed, after Punjab advocate general argued that he was a known member of the BJP and was nominated by the lieutenant governor of Chandigarh.
“Be here tomorrow when we will see the ballots,” the court told Masih. Masih was dropped by the BJP from its minority wing on February 11.
On AAP’s three councillors joining the BJP, Chandigarh party president Sunny Ahluwalia hit out at the latter, accusing it of threatening the councillors and using unfair tactics to poach them.“They are known for such tactics. These councillors who until a few days ago were sitting in protest against them were threatened..they used unfair tactics to make them join their party. It was all part of those sequence of events (connected with the mayoral polls) in which everyone saw how democracy was murdered,” he alleged.
On the issue of whether their alliance would continue in case a fresh mayoral poll is held, AAP and Congress leaders said they will “strategize”.
“As of now, 10 councillors are of AAP and seven of Congress. We spoke with the Chandigarh Congress chief and we will strategize everything on how to move forward,” Ahluwalia said, responding to a question on the alliance.
Chandigarh Congress president H S Lucky alleged that in the entire episode of the mayoral polls, the BJP stands exposed before the public.
“Everyone saw what they did. Everyone watched the video of how the presiding officer declared eight votes invalid for mayor’s post,” Lucky said. Opposition councillors had earlier alleged that Masih tampered with the ballot papers, a charge rubbished by the BJP.