CJI Chandrachud’s decision on checking Chandigarh ballots on Tuesday is welcome
By Sushil Kutty
The wrath of Chief Justice of India DY Chandrachud fell on the man at the centre of the Chandigarh mayoral election controversy, Presiding Officer Anil Masih, whose surreptitious glances had made the CJI lose his cool nearly a month ago when he had blurted out in indignation, “Why shouldn’t this man be prosecuted?” Monday, February 19, he repeated the question in a statement. Presiding Officer Anil Masih delayed his comeuppance by turning up several hours late at the Supreme Court, but punishment for defacing ballots caught him, nevertheless.
After dealing with the errant Presiding Officer, questioning his actions, the CJI passed this order: “The Supreme Court proposes that the results be declared by counting the present ballot papers, disregarding the marks made by Returning Officer, instead of a fresh election.” With that the court asked for the ballot papers to be produced on February 20 “to ascertain if the votes can be deduced”. CJI expressed concern about “horse-trading which is taking place”. And under the circumstances, only the BJP was in a position for horse-trading.
But Anil Masih, who had taken his own time to turn up at the appointed hour, had this to say, “Besides putting the signs, I put certain marks on eight ballot papers. On ballot papers which were defaced”, to which the CJI said, “We’ll see the ballot papers tomorrow…Mr. Masih be here tomorrow also.” Solicitor General Tushar Mehta sought more time, “day after tomorrow”, but CJI Chandrachud stuck firm with “tomorrow afternoon”, which doesn’t give the Bharatiya Janata Party much breathing space. Meanwhile, of the other players that led to the court drama, Chandigarh BJP leader Manoj Sonkar’s short reign as Chandigarh mayor will be forgotten after Sonkar paved the way forward with his resignation on Sunday. The case involved ballot tampering by Presiding Officer Anil Masih.
Sonkar won the contest for Mayor by defeating the Aam Aadmi Party’s Kuldeep Kumar on January 30. Sonkar secured 16 votes and Kuldeep 12. Kuldeep was joint candidate of Congress and AAP. Eight votes were declared invalid by Masih, who was charged with tampering with the ballots while appearing to be casting a suspicious eye on people in his close vicinity.
It was anticipated that on February 19, the Supreme Court would come down hard on Masih and by extension, the Bharatiya Janata Party, whose candidate Sonkar benefited from the blatant rigging in plain sight. However, the hours dragged as Masih was not to be seen, perhaps because Delhi’s borders remained hostage to the protesting farmers.
That said, Sunday saw not just Sonkar’s resignation, three AAP councillors also quit AAP and joined the Bharatiya Janata Party, a replay of what is happening non-stop at the national level. Dumping parties they were in for donkey’s years and then joining the BJP as if there was no other refuge for scoundrels has become the practice in the decade since the BJP came to power in 2014.
AAP councillors Poonam Devi, Neha Musawat and Gurcharan Kala turned the tables on AAP-Congress by joining the BJP, perhaps the “horse-trading” that CJI Chandrachud was referring to in his observations. With the three AAP councillors, the BJP tally of councillors went up from 14 in the 35-member Chandigarh Municipal Corporation to 17.
The BJP also has the support of a Shiromani Akali Dal councillor. Also BJP’s Chandigarh Member of Parliament Kirron Kher can vote as an “ex-officio member” which takes the BJP tally to 19 and outright victory if another mayoral election is held, which must be the reason why the CJI wants a fresh recount. The AAP now has 10 councillors and the Congress seven.
The earlier election results were declared on January 30 and Congress and AAP had accused the BJP of tampering with ballot papers with the connivance of Returning Officer Anil Masih, who was “caught tampering” red-handed. The charge was rubbished by the BJP, but Monday Masih proved there was “defacing” when he accused the other side of “tampering and defacing”.
Monday, Masih panicked and indicted not only himself, but also put the BJP on the mat. The BJP also stands indicted along with Masih. The alleged defacing took only one glance for confirmation. The Supreme Court had labelled it “a mockery of democracy”. The ballots and the video of the electoral proceedings are proof of the crime. “Is this the behaviour of a returning officer? He looks at the camera, and defaces the ballot obviously,” CJI DY Chandrachud had said then. On February 20, Masih will face the firing squad. (IPA Service)