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Murder of democracy: SC rap over mayor poll
The bench directed the entire election record, including ballot papers and videography, be sealed and preserved till the next date of hearing.
The Supreme Court on Monday said it will “not allow democracy to be murdered” as it pulled up the returning officer who conducted the mayoral elections for Chandigarh, especially after the bench perused through a video that the judges said made it obvious that the officer “defaced ballot papers”.
The bench directed the entire election record, including ballot papers and videography, be sealed and preserved with the registrar of the Punjab and Haryana high court till the next date of hearing, during which it also summoned the returning officer to be present in court.
The court was hearing a plea by the common mayoral candidate put up by the Aam Aadmi Party (AAP) and Congress, Kuldeep Dhalor, who lost to his rival Manoj Sonkar of the Bharatiya Janata Party (BJP) after eight votes were declared invalid following the January 30 voting. With Sonkar securing 16 votes and Dhalor getting 12 in a house where the AAP and Congress had 20 councillors, the two parties alleged vote rigging.
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After going through the video of the proceedings, Chief Justice of India Dhananjaya Y Chandrachud said to the solicitor general, who was representing the Union territory of Chandigarh: “It is obvious. He has defaced the ballots. This man has to be prosecuted. This is a mockery of democracy. He is murdering democracy. Is this the way an officer has to conduct elections? We are appalled by his conduct.”
The bench, comprising justice JB pardiwala and Manoj Misra, posted the matter for hearing after two weeks. “The only stabilising thing in a democracy is the purity of our election process. And what is happening here? We will not allow democracy to be murdered,” said CJI Chandrachud, as the bench issued a notice directing the returning officer Anil Masih to be personally present in court on February 19.
The top court ordered for the entire record of the election — comprising ballot papers, videography and other relevant materials — “to be sequestered with the registrar general of the Punjab and Haryana high court by 5pm.”
The bench also deferred the next meeting of the municipal corporation till the next hearing.
Solicitor general Tushar Mehta said: “The court should not form an opinion after hearing only one side. This petition is purely political. The ballots have been preserved. The returning officer is an administrative officer. Several councillors were seeking to take away the ballots and create a ruckus as marshals had to be called.”
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To this, the court said: “We want our conscience to be satisfied or else we will order fresh elections. Produce the entire video before us.”
The AAP councillor had approached the top court against an order of the Punjab and Haryana high court on January 31 refusing to either stay the election or restrain the newly elected mayor from continuing his functions.
The top court bench said, “Prima facie at this stage we are of the considered view that an appropriate interim order was warranted, which the high court has failed to do, to protect the purity and sanctity of the election.”
On the request of the AAP councillor, the court “deferred” a crucial meeting of the corporation scheduled on February 7 to decide on budget proposals.
Senior advocate Abhishek Singhvi, who appeared along with Punjab advocate general Gurminder Singh and advocate RPS Bara for the petitioner, presented the video recording showing the returning officer tampering with votes and later running away with the ballots without allowing the petitioner or other AAP councillors to examine it.
“This is complete negation of democracy. In the video, it is clear, while signing the ballots, he squiggles. This is not done on every ballot but only eight ballots which are then declared invalid. We ask for the ballot and he does not show us. It is brazen how a majority of 20 votes has been reduced to 12,” he said.
The bench saw the video and said, addressing the solicitor general, “Why is he looking at the camera like a fugitive. He looks at the camera and defaces ballots. Tell your returning officer the Supreme Court is watching over him.”
Singhvi said the concerned officer’s integrity was always in doubt. “What we are seeking today is to preserve the ballots and the video recording done on the orders of the high court. We had approached the high court earlier when elections were sought to be postponed to February 6. This presiding officer (Masih) is an active, acknowledged member of the BJP which is opposed to us.”
Senior advocate Maninder Singh, appearing for Sonkar, refuted the claim that the officer’s selection was malafide. “There is a process to select the presiding officer which has been followed in this case.”
The election held on January 30 resulted in all three posts of mayor, deputy mayor and senior deputy mayor going in favour of the BJP.
Dhalor stated in his petition that by allowing Sonkar to continue as mayor “effectively validates a corrupt practice in gross violation of the paramount principle of democracy – free and fair elections, and thereby erodes public trust.”
Soon after the HC proceeding of January 31, Punjab chief minister Bhagwant Mann termed the proceedings in the House as “murder of democracy” and indicated that an appeal will be moved before the Supreme Court.
The high court, while admitting Dhalor’s plea, had granted three weeks for seeking response of Chandigarh administration and other parties including the presiding officer, the Chandigarh director general of police and Sonkar. The matter there was fixed for hearing on February 26.
Chandigarh BJP president Jatinder Pal Malhotra said: “The matter is subjudice. We will see once the final orders are passed”.
HS Lucky, the Congress’ Chandigarh unit chief, said the people of the Union territory looked to the Supreme Court for justice.
“Today’s decision has further emboldened the faith of the common person in the judicial system and the process of law. We have full hope that justice will prevail and the truth will triumph,” Lucky said.
