New Delhi: Observing that "horse-trading is taking place", the Supreme Court has said it would peruse on Tuesday the ballot papers of the Chandigarh mayoral polls and the entire video recording of the counting day and directed the registrar general of the Punjab and Haryana High Court to depute a judicial officer to bring the records safely to Delhi.
A bench headed by Chief Justice D Y Chandrachud directed the Chandigarh administration on Monday to provide security to the judicial officer, to be appointed by the High Court, to ensure the safety of the officer and the records. "We ourselves will look at the records at 2 pm," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said. "Horse-trading taking place," the CJI said while declining a plea that the case on the mayoral polls be heard on some other day instead of Tuesday.
At the outset, Solicitor General Tushar Mehta, appearing for the Chandigarh administration, suggested that a fresh election be held under the supervision of a judicial officer who can be appointed by the high court to obviate allegations/ counter allegations. The counsel for AAP councillor and defeated mayoral candidate Kuldeep Kumar vehemently opposed the suggestion.
The bench orally observed that the electoral process may be taken to "its logical conclusion from the stage which was reached immediately before the declaration of the results". Masih has been accused of defacing eight ballot papers that were declared invalid. "All the ballot papers were defaced. I was just marking them. There were so many cameras that I was just looking at them, the returning officer said.
The returning officer admitted to putting X' marks on the eight ballot papers to ensure they do not get mixed. "You can sign the ballot papers. But why you were putting X' on those ballot papers," the bench said, adding under the rules the returning officer can only sign on ballots.
"It means you marked it," the CJI said, adding he has to be prosecuted and "this cannot be allowed in an electoral democracy".
The counsel for AAP said Masih was a member of the minority wing of the BJP and regardless of his misdemeanour the poll process can now be taken to its logical conclusion. The contention was opposed by the solicitor general on the ground that some of the ballot papers were believed to be torn.
Meanwhile, Punjab Advocate General Gurminder Singh told reporters," The court has recorded the statement of the presiding officer in which he has admitted that he has defaced eight ballot papers. Further, the court has said that the entire record be produced in safe custody before SC at 2 PM tomorrow."
"The other side suggested that as the mayor has resigned, fresh elections should be held. The court took this under consideration and also expressed that elections can be resumed from the stage where illegality occurred," added Gurminder Singh.
Earlier, the top court had come down heavily on the returning officer, observing that it was obvious that he had defaced the ballot papers and that he should be prosecuted.
Kuldeep Kumar moved the top court challenging a Punjab and Haryana High Court order that has refused to grant any interim relief to the party, which is seeking fresh mayoral polls in Chandigarh.
The Bharatiya Janata Party (BJP) swept the Chandigarh mayoral polls against the Congress-AAP alliance on January 30. Manoj Sonkar of the BJP defeated the AAP's Kuldeep Kumar for the mayor's post, polling 16 votes against his rival's 12. Eight votes were declared invalid. However, Sonkar resigned from the post subsequently. (With PTI inputs)
