Supreme Court Questions RO's Actions in Chandigarh Municipal Polls: 'Why Mark Ballot Papers?'

In a pivotal development, the Supreme Court on Monday 19th February, interrogated Anil Masih, the Returning Officer (RO) for the Chandigarh Municipal Polls, questioning his decision to mark ballot papers during the counting process. The court warned that any attempts to provide false information could lead to prosecution.

"This is a very serious matter. All that you say... if any falsehood, you will be prosecuted... Why were you looking into the camera and putting marks on the ballot papers?" Chief Justice of India Chandrachud questioned Masih.

Masih defended his actions, stating that he was "just marking" defaced ballot papers, and happened to look at one of the CCTV cameras in the counting area. However, the Chief Justice was unconvinced, pointing out that there was no rule allowing such marks on ballot papers.

"You can sign the ballot papers... Why were ticking or putting X on those ballot papers?... Which rule says that you can put ticks or X in those ballot papers?... He (Masih) has to be prosecuted. In an electoral democracy, this cannot be allowed," the CJI remarked.

The bench, consisting of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, heard a plea by AAP councilor Kuldeep Kumar challenging the High Court's refusal to stay the election result, where a BJP candidate was declared the Chandigarh Mayor.

Expressing concerns over "horse-trading," the CJI said, "We are disturbed with the horse-trading which had taken place." The court ordered the production of ballot papers and the video of the counting process for examination.

"The ballot papers... be produced before this Court by a judicial officer by tomorrow 2 PM... The Returning Officer Anil Masih was ordered to be present personally in Court tomorrow as well," the court directed.

The bench called for the appointment of a new returning officer, unaffiliated with any political party, before allowing the resumption of the election process. The Registrar General of the Punjab and Haryana High Court would oversee the counting process, ensuring transparency and integrity.

Author:Anushka Taraniya

News Writer, MIT ADT University