The Supreme Court of India, on Monday, expressed strong disapproval of the conduct of the returning officer in the Chandigarh municipal polls, suggesting that he should be prosecuted for defacing ballot papers to influence the election results. The court’s observations came during the hearing of a plea by Aam Aadmi Party (AAP) leader Kuldeep Kumar challenging the Punjab and Haryana High Court’s decision not to stay the election result.
In the Chandigarh municipal polls, the AAP and the Congress had joined forces, and they alleged that the returning officer improperly declared eight votes invalid, leading to the victory of Bharatiya Janata Party (BJP) candidate Manoj Sonkar. The AAP and Congress accused the returning officer of defacing ballot papers to manipulate the outcome.
The Chief Justice of India (CJI) N.V. Ramana, heading the bench, took strong exception to the conduct of the returning officer, stating that he should face prosecution for altering the ballot papers and attempting to influence the election. The CJI noted that the returning officer’s behavior, particularly looking at the CCTV camera while handling the ballot papers, was unacceptable.
“It is obvious that he has defaced the ballot papers. He needs to be prosecuted. Why is he looking at the camera?” remarked CJI Ramana during the hearing. The court questioned the conduct of the returning officer and expressed serious concern about the potential impact on the democratic process. The CJI emphasized that such behavior amounts to a “mockery of democracy” and is akin to “murdering democracy.”
Referring to the Solicitor General of India, the CJI expressed his dismay over the actions of the returning officer and sought an explanation. “Mr Solicitor, this is a mockery of democracy and murdering democracy. We are appalled. Is this behavior of a returning officer?” the CJI questioned.
The Supreme Court directed that the entire records related to the Chandigarh municipal polls, including the ballots and videography, must be handed over to the registrar of the Punjab and Haryana High Court. The court emphasized the need to preserve the evidence for further scrutiny and ordered the deferral of the upcoming meeting of the Chandigarh Municipal Corporation scheduled for February 7.
“Wherever there is a cross at the bottom, he does not touch it but when it is at the top, he alters it. Please tell the returning officer that the Supreme Court is watching him,” the CJI conveyed, expressing the court’s serious concerns about the potential tampering of ballots.
The apex court’s intervention comes against the backdrop of allegations by the AAP and Congress that the returning officer had unfairly declared their votes invalid, leading to the victory of the BJP candidate in the Chandigarh municipal polls. The AAP leader, Kuldeep Kumar, moved the court challenging the Punjab and Haryana High Court’s decision not to stay the election result.
The court’s observations and strong remarks against the returning officer underscore the critical role of electoral integrity in upholding democratic principles. The court’s directive to preserve the records and its insistence on further scrutiny indicate a commitment to ensuring free and fair elections and maintaining public trust in the electoral process.
As the case unfolds, it raises questions about the responsibilities and accountability of election officials and the need for transparent and unbiased conduct in electoral procedures. The Supreme Court’s vigilance and commitment to addressing alleged irregularities in the Chandigarh municipal polls underscore the judiciary’s role as a guardian of democratic values and constitutional principles.
