'Why did you put X mark?': Supreme Court reprimands Chandigarh poll officer

The Supreme Court, adopting a stern stance on the purported defacement of ballot papers in the Chandigarh mayoral election, has declared that the returning officer, Anil Masih, should face prosecution for "interfering with the election process." 

This development comes after the court sought explanations from Masih, marking an unprecedented event in the history of independent India where a returning officer has been cross-examined by the Chief Justice.

The court has directed that the ballot papers be presented for examination on Tuesday. While initially suggesting a recount of the votes by a new returning officer instead of conducting a fresh election, the court has deferred a decision on the matter until after scrutinizing the ballot papers.

The controversy arose during the mayoral election counting on January 30, where eight votes were deemed invalid by returning officer Anil Masih. The BJP's candidate, Manoj Sonkar, secured victory over AAP's mayoral candidate, Kuldeep Kumar, with a narrow margin of four votes. The AAP alleged that Mr. Masih, affiliated with the BJP's minority cell, intentionally invalidated the votes.

In a video that surfaced,  Masih was observed writing on the ballot papers of certain AAP councillors while facing the camera. The Supreme Court, during a hearing on February 5, labeled his actions as a "mockery of democracy."

In the hearing on Monday, the bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra acknowledged that the BJP's Manoj Sonkar had resigned as mayor the previous evening.

Subsequently, the court summoned Masih to step forward and respond to a series of questions.
Chief Justice Chandrachud said, “Masih, I am asking you questions. If you don't give truthful answers, you will be prosecuted. This is a serious matter. We have seen the video. What were you doing looking at the camera and putting cross marks on the ballot papers? Why were you putting the marks?”

Acknowledging his action of placing cross (X) marks on eight ballot papers, Masih explained that he did so to segregate the defaced ballot papers from the rest.

Chief Justice Chandrachud addressed Solicitor General of India Tushar Mehta, who was representing the Chandigarh Administration, stating, "Solicitor, he (Mr. Masih) must face prosecution. He is meddling with the election process."

Chief Justice said, "What we propose to do is this. We will direct the Deputy Commissioner to appoint a fresh returning officer, who is not aligned to any political party. The process shall be taken to the logical conclusion from the stage it stopped before the declaration of results. Let the results be declared disregarding any mark put by the returning officer. Let the process be overseen judicially by the high court."

Solicitor General Mehta informed that he had received information about torn or defaced ballot papers, suggesting that the high court should review them. In response, the lawyer representing the petitioner, AAP's Kuldeep Kumar, argued that only eight ballot papers required scrutiny and clarified that they were not torn.

Consequently, the Supreme Court bench declared its intention to examine the ballot papers and requested their presentation before the court, ensuring adequate security, on Tuesday. Additionally,  Masih was summoned to be present during this process.

When a plea was made for the matter to be heard on Wednesday, Chief Justice Chandrachud remarked, "The ongoing process of horsetrading is a serious matter."

The court announced its intention to decide on the course of action—whether to conduct fresh elections or to recount the previous votes—after scrutinizing the ballot papers on Tuesday.

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