New Delhi: The Supreme Court, on Monday, condemned the defacement of ballot papers during the recent Chandigarh mayoral polls, calling it "the murder" and "mockery of democracy." Chief Justice of India D.Y. Chandrachud expressed shock at the Returning Officer's behaviour and ordered his personal appearance on February 19 to explain his conduct.
The CJI-led bench directed the preservation of ballots, video recordings, and called for the entire records and full videos of the incident for the next hearing. The court also deferred the presentation of the Chandigarh corporation budget, originally scheduled for February 7.
After watching the video of the poll proceedings, CJI Chandrachud told Solicitor General Tushar Mehta, “It is obvious that he (Returning Officer) has defaced the ballot papers, he needs to be prosecuted. Why is he looking at the camera and running like a fugitive? Mr Solicitor this is a mockery of democracy and murdering democracy. We are appalled.”
"Is this the behaviour of a Returning Officer? Wherever there is a cross at the bottom (of the ballot paper), he puts it into the tray. The moment there is a cross at the top, the man defaces the ballot and looks at the camera. Tell him that the Supreme Court is watching him. We will not allow democracy to be murdered like this. The great stabilising force in the country is the purity of the election process"
The Court expressed annoyance, stating that the Returning Officer was "defacing" ballot papers and emphasised the need to safeguard the election process's purity. The entire record of the electoral process was directed to be sequestered with the Punjab and Haryana High Court Registrar General.
AAP councillor Kuldeep Kumar moved the Supreme Court challenging a Punjab and Haryana High Court order that refused interim relief, seeking fresh mayoral polls in Chandigarh. The petitioner alleged tampering of ballot papers by a partisan Presiding Officer.
Senior advocate Abhishek Singhvi, representing the petitioner, argued that the Presiding Officer deliberately defaced eight ballot papers.
The SG contended that the video only showed a one-sided picture and urged that the Court should take a comprehensive view after seeing the entire records.
The CJI criticised the High Court's failure to issue an appropriate interim order.
The BJP had won the Chandigarh mayoral polls on January 30 against the Congress-AAP alliance. The High Court, on Wednesday, denied interim relief to AAP, prompting the appeal to the Supreme Court. The matter was adjourned till February 26 in the High Court.
