Guwahati, Feb 6: Days after the recent Chandigarh mayoral polls, the Supreme Court on Monday slammed the Returning Officer who conducted the polls, observing that it is obvious he defaced the ballot papers and should be prosecuted.
The apex court further added that the action of the Returning Officer amounted to ‘murder’ and ‘mockery’ of democracy.
After watching a video recording of the electoral process, Chief Justice of India, DY Chandrachud observed, “It is obvious that he (the RO) has defaced the ballot papers. This man should be prosecuted. Look, why is he looking at the camera? Mr Solititor (General), this is a mockery of democracy and murdering the democracy, we are appalled. Is this the behaviour of a returning officer?”
To this, Solicitor General Tushar Mehta, appearing for the Chandigarh authorities told a three-judge division bench headed by CJI Chandrachud that the Lordships have only one side of the picture. “Don’t form an opinion based on something said selectively,” said Solicitor General.
“The moment there is cross at the top, the man defaces the ballot and looks at the camera. Please tell your returning officer that the Supreme Court is watching them. We will not allow democracy to be murdered like this. The great stabilising force is the purity of the election process and what has happened here,” the bench observed.
The CJI said that it will not allow democracy to be murdered in this way and that the top court will order for fresh elections if not satisfied with the purity of the poll process.
“Produce the entirety of the video on the next occasion. We are not going by the regulations, we want our conscience to be satisfied otherwise hold fresh elections. We will direct the returning officer to conduct a fresh election. Why is he looking at the camera? He has to do his duty. Is he an officer or a fugitive? Quietly, he defaces the ballot,” the CJI orally observed.
This comes after it was alleged that the RO squiggled eight ballot papers of councilors of the Congress-AAP alliance rendering them invalid, paving the way for the BJP candidate to win the race on January 30.