Chandigarh mayoral polls: 'Horse-trading taking place', says SC; to peruse ballot papers, counting day video

Observing that "horse-trading is taking place", the Supreme Court said that it would go through the ballot papers of the Chandigarh mayoral polls and the entire video-recording of the counting day on Tuesday. The top court also directed the registrar general of the Punjab and Haryana High Court to depute a judicial officer to bring the records safely to Delhi.

Earlier, the SC rapped Returning Officer Anil Masih, who conducted the mayoral polls, observing that it was obvious that he had defaced the ballot papers and that he should be prosecuted, adding that his action amounted to "murder" and a "mockery" of democracy.

This is the first time in the history of independent India that a returning officer has been cross-examined by the Chief Justice.

Conducting a hearing on a petition on the alleged irregularities in the election on Monday, a day after three AAP councillors switched over to the BJP, the SC also said that the "horsetrading" that is going on is a serious matter.

Horse-trading taking place

A bench headed by Chief Justice D Y Chandrachud directed the Chandigarh administration on Monday to provide security to the judicial officer, to be appointed by the high court, to ensure the safety of the officer and the records.

"We ourselves will look at the records at 2 pm," the bench, also comprising justices J B Pardiwala and Manoj Misra, said.

"Horse-trading taking place," the CJI said while declining a plea that the case on the mayoral polls be heard on some other day instead of Tuesday.

Masih appears before SC bench

Masih appeared before the bench in pursuance of the apex court's direction and was quizzed by the judges over the alleged tampering of certain ballot papers.

Replying to the judges' questions, Masih said he did put the "X" mark on eight already "defaced" ballot papers and accused Aam Aadmi Party (AAP) councillors of creating a ruckus and trying to snatch away the ballot papers. He said that due to this, he was looking at the CCTV camera at the counting centre.

Earlier, the top court had come down heavily on the returning officer, observing that it was obvious that he had defaced the ballot papers and that he should be prosecuted.

AAP moves SC

One of the AAP councillors, Kuldeep Kumar, has moved the top court challenging a Punjab and Haryana High Court order that has refused to grant any interim relief to the party, which is seeking fresh mayoral polls in Chandigarh.

The Bharatiya Janata Party (BJP) swept the Chandigarh mayoral polls against the Congress-AAP alliance on January 30.

Manoj Sonkar of the BJP defeated the AAP's Kuldeep Kumar for the mayor's post, polling 16 votes against his rival's 12. Eight votes were declared invalid.

However, Sonkar resigned from the post subsequently.

Earlier, ANI tweeted that SC remarked that Anil Masih, returning officer in Chandigarh mayor election has to be prosecuted as he was interfering with the election proces..

Allegations of vote tampering

The Chandigarh mayoral polls held last month has been marred by allegations of vote tampering by the presiding officer.

The new mayor Manoj Sonkar, resigned from his post yesterday citing “moral grounds”. His resignation came a day before the matter was scheduled to come up in the Supreme Court for hearing. Some BJP leaders feared that the SC would make adverse remarks about the polls and Sonkar resigned accordingly.

The Congress and the AAP have been seeking Sonkar's removal, alleging foul play in the mayoral election. It alleged that Sonkar had won after the presiding officer Masih had scribbled on ballot papers and invalidated eight votes of the Congress-AAP combine.

In the February 5 hearing, the SC had said that the polls was “a mockery of democracy”. Chief Justice of India D Y Chandrachud had stated that "we will not allow democracy to be murdered like this”. Videos of Masih allegedly scribbling on ballot papers surfaced, prompting the Supreme Court to summon Masih for appearance on Monday.

(With inputs from agencies)