The BJP won the Chandigarh mayoral election amid controversy over invalidated AAP votes.
The Supreme Court on Monday made strong observations on the controversy that engulfed last week's Chandigarh mayoral election, in which the BJP's Manoj Sonkar defeated the AAP's Kuldeep Kumar by four votes, after eight from the latter party were declared "invalid" without cause.
A video of Presiding Officer Anil Masih - a member of the BJP's Minority Cell - appearing to write on the ballot papers of some AAP councillors' before he entered them into the record - was widely shared on social media, drawing severe criticism from the Aam Aadmi Party and its allies.
By writing on the councillors' ballot papers, AAP had argued, Mr Masih deliberately invalidated their votes in an election the party was widely expected to win comfortably, and handed the BJP a victory.
"It is obvious he defaced the ballot papers. It is clearly visible in the video... he is looking into the camera and spoiling the ballot paper... Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted," the court said today.
READ | "Won't Allow Murder Of Democracy": Supreme Court On Key Chandigarh Polls
Chief Justice DY Chandrachud, sources told NDTV, was incensed by the video
The Supreme Court has also ordered the Punjab and Haryana High Court to secure all ballot papers and records of the election by 5 pm, and fixed the next date of hearing as February 12.
This comes after the High Court refused to grant relief to the AAP (it only sought a reply from Mr Masih in three weeks), which alleged the polls had not been conducted in a free and fair manner.
What Happened In Chandigarh Mayoral Poll
The video that went viral showed the Presiding Officer, Anil Masih, sitting by himself at a bench with a bunch of ballot papers before him.
As the video plays out, Mr Masih seems to gesture some people (not seen) away from his desk, after which he writes on some of the ballot papers before adding his signature at the bottom.
He does not write on all of the papers.
READ | Video: "Invalid" Votes In Chandigarh Mayor Polls, Drama Around Counting
The AAP has alleged that Mr Masih deliberately scribbled on eight votes cast by their councillor, thereby invalidating them, reducing the party candidate's tally, and allowing the BJP to win.
READ | Arvind Kejriwal's "Like Trump" Warning After AAP, Congress' Poll Loss
The AAP and the Congress both slammed Mr Masih for his actions, and the latter also accused the BJP for destroying some of the ballot papers to cover up the allegedly illegal action.
The BJP has rubbished the allegations.
Chandigarh Mayoral Poll Recap
The Chandigarh election was to have been a landmark first win for the INDIA bloc, which is meant to unite the opposition to defeat the BJP in the Lok Sabha election. It was also meant to resolve seat-sharing squabbles between the INDIA members ahead of similar talks for the general election.
READ | On Camera, AAP's Mayoral Candidate Breaks Down After Shock Defeat
Specifically, the AAP and the Congress reached a seat-sharing understanding for this election; the former was to contest the mayoral race and the latter was to fight for the two deputy posts.
READ | BJP Wins Chandigarh Mayor Poll In First Battle Versus INDIA Bloc
In each instance, the AAP and Congress councillors were to vote for each other, ensuring a maximum of 20 votes and a straightforward sweep of this election.
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