SC calls rigging of Chandigarh mayoral polls ‘a mockery of democracy’
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The recently held Chandigarh mayoral elections have sparked controversy and legal action, with Chief Justice of India D Y Chandrachud condemning the actions of the presiding officer as "a mockery of democracy" and vowing not to allow such actions to go unpunished.
The mayoral election, which took place on January 30, descended into chaos as the AAP-Congress alliance questioned the validity of eight votes that were declared invalid by the presiding officer, Anil Masih. These invalidated votes tipped the scales in favour of BJP candidate Manoj Sonkar, who was declared the winner of the contentious election.
Allegations of fraud and tampering of ballot papers followed, with the AAP-Congress alliance boycotting the remaining electoral process and the BJP securing additional seats of Senior Deputy Mayor and Deputy Mayor amidst the turmoil.
AAP, led by Arvind Kejriwal, accused Anil Masih, the presiding officer and a nominated councillor, of scratching the ballot papers himself to invalidate votes in a bid to sway the election in favour of the BJP. Masih, who is also the general secretary of the BJP minority cell, denied these allegations.
The controversy escalated as AAP staged mega protests in Delhi and Chandigarh, demanding the arrest of Anil Masih for tampering with ballot papers. AAP MP Raghav Chadha claimed that all eight invalidated votes belonged to their party and could have changed the outcome of the election in their favour.
Chief Justice Chandrachud expressed outrage at the actions of the presiding officer, stating that it amounted to "the murder of democracy." The bench directed the sequestration of the entire record of the mayoral elections under the custody of the Punjab & Haryana High Court Registrar General and deferred the scheduled meeting of the Chandigarh Municipal Corporation until further notice.
The AAP's petition to the Supreme Court alleged that the elections were not conducted in a free and fair manner, citing tampering with ballot papers and biased results declared in favour of the BJP.
The party demanded the cancellation of the election, sealing of records, banning the mayor-elect from assuming office, and an investigation into the rigging, followed by a fresh election under the supervision of a retired High Court judge.
The three-judge bench, comprising Chief Justice Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, also imposed a freeze on the budget session of the Chandigarh civic body, preventing the presentation of the budget until further orders.