THE NEWS FREEDOM
NEW DELHI, FEBRUARY 19
In a significant development related to Chandigarh Municipal Corporation, Chief Justice D Y Chandrachud voiced apprehension over suspected instances of horse-trading on Monday. This development came in the wake of BJP leader Manoj Sonkar’s resignation from the post of Chandigarh mayor on Sunday, coupled with the defection of three Aam Aadmi Party (AAP) councilors—Poonam Devi, Neha, and Gurcharan Kala—to the BJP in New Delhi. “We are disturbed with the horse-trading which had taken place,” the CJI said.
The Supreme Court has suggested declaring the results by counting the existing ballot papers, disregarding the markings made by the Returning Officer, instead of holding a fresh election. The Court has directed the ballot papers to be presented tomorrow to determine the feasibility of deducing votes.
During the proceedings, the Supreme Court meticulously examined the conduct of Returning Officer (RO) Anil Masih in relation to the Chandigarh Municipal Polls, specifically questioning his rationale behind marking ballot papers. Chief Justice Chandrachud cautioned Masih about potential legal repercussions should he furnish false information, underscoring the gravity of the situation.
While Masih contended that his actions were aimed at identifying defaced ballots, the Chief Justice challenged the necessity of employing ticks or X marks for this purpose. Masih clarified that he marked eight ballots for differentiation, attributing one such instance to an inadvertent glance at a CCTV camera in the counting area.
Dismissing Masih’s explanation, the Chief Justice reiterated the illegality of such conduct in a democratic electoral process and advocated for prosecution. These deliberations unfolded during a hearing on a plea lodged by AAP councilor Kuldeep Kumar, who contested the Punjab and Haryana High Court’s decision not to immediately halt the election results wherein a BJP candidate was declared the Chandigarh Mayor.