‘A Murder of democracy…Mockery of purity of elections’ – Supreme Court

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நேற்றைய நிகழ்வு – இன்றைய செய்தி –

‘A murder of democracy…
Mockery of purity of elections’: Supreme Court
remarks on conduct of Chandigarh mayoral polls
Reprimanding the Returning Officer for the
mayoral polls,

the SC says he has to be
‘prosecuted’; warns that the court is
‘watching over him’

PTI
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February 05, 2024 08:22 pm | – NEW DELHI
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https://www.thehindu.com/news/national/a-murder-of-democracy-a-mockery-of-purity-of-elections-supreme-court-remarks-on-conduct-of-chandigarh-mayoral-polls/article67814105.ece
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The Supreme Court gave the BJP victory at Chandigarh
mayoral elections a jolt, threatening to order
fresh elections after

a video played in the open courtroom on Monday showed
the Returning Officer “obviously defacing” ballot papers, while taking stealthy glances at the camera overhead
like a “fugitive”.

“What is he doing?
It is obvious that he has defaced the ballot.
This man has to be prosecuted…
Why is he looking at the camera like a fugitive and
then quietly defacing the ballot?

This is a mockery of democracy…
He is murdering democracy.
Is this the way to conduct an election?”
Chief Justice of India D.Y. Chandrachud, heading a
three-judge Bench, addressed Solicitor-General
Tushar Mehta, appearing for the Union Territory
of Chandigarh, and senior advocate Maninder Singh,
for the winning candidates.

The Supreme Court directed the sequestration of the
entire records of the mayoral elections under the
custody of the Registrar-General of the Punjab and
Haryana High Court forthwith by 5 p.m. on February 5.

These records include the ballot papers and the
whole video shot of the electoral process.

The court also stopped the new dispensation of the
Chandigarh Municipal Corporation from holding a
budget meeting on February 7.

“Please tell your Returning Officer that the
Supreme Court is watching over him. We will not allow democracy to be murdered like this. The great
stabilising force in the country is the purity of
the election process… What is happening here?”
Chief Justice Chandrachud asked.

Senior advocate A.M. Singhvi, appearing for Aam Aadmi
Party (AAP) councillor Kuldeep Kumar, said the election process was videographed on the orders of the High Court.

He said there were 20 AAP councillors and 16 BJP ones.
The Returning Officer was supposed to sign on each
ballot paper after the vote.

“He makes squiggles on eight ballot papers and uses
his own squiggles to disqualify the votes. Our votes
are reduced to 12 and BJP wins the polls with a margin
of four votes. After the voting, he picks up the whole
lot of ballot papers and rushes out… This is a complete negation of democracy,” Mr. Singhvi submitted.

He said the Returning Officer is “admittedly an active
member of the BJP”.

Punjab Advocate-General Gurminder Singh said “the man [Returning Officer] has to be prosecuted”.

Mr. Singh began in defence to refer to certain
regulations on the conduct of elections while Mr. Mehta
said they would be able to “satisfy” the court.
He said the Bench should not form an opinion without
viewing the entire video.

“We are here to satisfy our judicial conscience.
If we are not satisfied, we will direct the conduct
of fresh elections and appoint the Returning Officer…

Mr. Solicitor, this is a mockery of democracy…
a mockery! The man defaces the ballot and looks
at the camera to see who is looking at him…” the
Chief Justice retorted, listing the case on February 19.

The BJP had swept the Chandigarh mayoral elections,
retaining all three posts, in a setback to the
Congress-AAP alliance that alleged tampering with
ballot papers by the Presiding Officer.

The Punjab and Haryana High Court had earlier refused
to grant the AAP any interim relief.

The AAP has sought fresh election under the
supervision of a retired judge.

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Video News Added later –

CCTV scenes on Chandigarh Mayor Election:
Vote Counting –

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