In the realm of legal scrutiny, a judicial bench presided over by the Chief Justice of India on Monday, February 4, vehemently censured the presiding official of the mayoral election in Chandigarh, decrying his behavior as a “derision of democracy.”
Chief Justice D.Y. Chandrachud, upon viewing a video of the contentious election, expressed disapproval, stating, “Is this the demeanor expected of a presiding officer? The individual defiles the ballots and then gazes at the camera, seemingly conscious of onlookers.”
The Chief Justice added, “Kindly inform your presiding officer that the vigilant eye of the Supreme Court is upon him. We shall not permit democracy to be desecrated in such a manner. The cornerstone of stability in our nation lies in the untainted conduct of the electoral process.”
Anil Masih, a member of the BJP and the presiding officer during the election on January 30, nullified a total of eight votes, thereby swaying the election in favor of the BJP candidate, who lacked sufficient support against the joint candidate from the Aam Aadmi Party and Congress.
Taking custody of the entire election documentation, the Supreme Court, in an interim directive, mandated the presiding officer’s presence at the upcoming hearing on February 19 to elucidate his actions.
The apex court also postponed the inaugural meeting of the newly elected BJP mayor on February 7, offering a glimmer of hope for opposition parties seeking justice in this matter.
In response to these developments, AAP Chandigarh leader Prem Garg remarked to The Wire that the Supreme Court had unequivocally exposed the conduct of the BJP and its presiding officer.
“The presiding officer’s actions, captured on camera while tampering with votes and subsequently invalidating them, unmistakably point to the entire election being manipulated in favor of the BJP candidate. We are now optimistic that the Supreme Court will annul the election and entertain our plea for a fresh mandate,” he asserted.
Prior to approaching the Supreme Court, AAP had sought relief from the Punjab and Haryana High Court, to no avail. Subsequently, they urgently petitioned the Supreme Court, which took up the matter today.
In its pronouncement, the Supreme Court opined that, prima facie, an appropriate interim order was warranted at this stage, a decision that the high court had failed to make, in order to safeguard the purity and sanctity of the electoral process.
During the Supreme Court hearing, Tushar Mehta, the solicitor general representing the presiding officer, conveyed that he had submitted the entire record in a securely sealed format to the deputy commissioner of the Union Territory of Chandigarh.
In response, the Supreme Court directed that the entire record concerning the election of the Chandigarh mayor be sequestered under the custody of the Registrar General of the High Court of Punjab and Haryana. This encompasses the ballot papers, videography of the complete electoral process, and all other materials held by the presiding officer.