The Supreme Court has intervened in the controversy surrounding the Chandigarh Mayor election, directing a recount and instructing that the eight initially invalidated ballots be considered valid. A bench led by Chief Justice DY Chandrachud criticized the Returning Officer, Anil Masih, who oversaw the election and faced accusations of tampering with the ballots.
The apex court ruled, “We will direct that the votes at the poll shall be recounted, and these 8 shall be treated as valid, and results be declared on the basis of that.” Notably, all eight invalidated ballots had votes in favor of AAP Mayor Candidate Kuldeep Kumar.
The court expressed concern over the actions of Anil Masih, noting that he had placed a single line on all eight ballots that favored AAP candidate Kuldeep Kumar. “What he [returning officer] does is, he puts a single line. Just one line, as seen in the video.”
Senior Advocate Mukul Rohatgi, representing Anil Masih, argued that the marks made were “small dots,” and Masih looked at the cameras due to commotion outside. Rohatgi asserted that Masih, as the returning officer, was entitled to sign.
If the eight “invalid” votes are considered valid, the AAP-Congress alliance would emerge victorious in the Chandigarh Mayor election, overturning the earlier victory by the BJP on January 30.
The Supreme Court also expressed its displeasure with Anil Masih’s conduct during a hearing on February 19, stating that it was evident he had defaced the ballot papers and should be prosecuted. The court characterized Masih’s actions as a “murder” and a “mockery” of democracy.
In response to allegations of ballot tampering, Masih claimed to have marked an “X” on eight already “defaced” ballot papers while looking at the camera due to disruptions caused by AAP councillors attempting to snatch the ballots.