New Delhi: Amid the heated arguments in relation with Chandigarh mayoral polls, the video of the polls being counted was some comic respite, as the Chief Justice of India (CJI) DY Chandrachud, wearing a smile, said “Let all (parties involved in the matter) of them see the video. A little entertainment is good for everybody!”
A three-judge bench led by the CJI and comprising Justices J B Pardiwala and Manoj Misra ruled that Aam Aadmi Party (AAP) candidate Kuldeep Kumar is the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation. The top court noted that the election result by the presiding officer, Anil Masih, is “quashed".
The video, which has earlier drawn strong observations from the apex court, was replayed in the court on Tuesday after the judges examined ballot papers, which were declared invalid during the January 30 mayoral election. “Please upload the video on everybody's screen, let all of them see... a little entertainment is good for everybody!” CJI Chandrachud remarked.
The video showed that some of the candidates insisted that Anil Masih, returning officer, should use a green ink pen and how the demand was not met. Punjab Advocate General Gurminder Singh said that this was the point to note. The CJI said that the petitioners have already specified the relevant timelines on the video to examine and, with a smile, added that if court were to see the entire clip, then judges would have to sit in the courtroom till 5.45 PM.
The counsel for Masih said that it is clear that the ballots were snatched by the AAP members, and there were dots and some were folded. The counsel insisted that one may say anything but not to call someone a thief. However, Masih’s contentions were not entertained by the apex court. Masih, who was caught on camera marking ballot papers after the vote, had declared eight votes, in support of the AAP mayoral candidate, as invalid, which ensured the victory of the BJP nominee, even though the party had less votes than the AAP-Congress combine.
The apex court, in its order, said, “We are of considered view that….a proposed case has been made for invoking the jurisdiction of this court under Section 340 CrPC in respect of the conduct of Anil Masih, the presiding officer……we recorded the statement of the presiding officer, when he personally appeared before this court”.
“Masih cannot be unmindful of the consequences of making a statement which prima facie appears to be false to his knowledge….the registrar judicial is accordingly directed to issue notice show cause to Masih….to show cause us to why action should not be initiated against him under Section 340….”. The apex court said the notice should be returnable after three weeks and Masih will have an opportunity to file his response to the notice.
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