SC orders re-counting of votes of Chandigarh Mayor's election |
The Registrar General of the High Court will nominate a judicial officer to bring the defaced ballot papers to the Supreme Court, which will examine them on Tuesday afternoon. Thereafter, a new returning officer will re-count the votes cast in the January 30 election, which will be overseen by a judicial officer nominated by the High Court. As it stands, the horse-trading that had been in the works for long and secured on Sunday, will not benefit the BJP now!
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NEW DELHI, Feb 19: There will not be a fresh election for the disputed Chandigarh
mayor's post, the Supreme Court ruled on Monday. The eight ballots 'defaced'
by the returning officer to declare the BJP candidate the winner will be examined
by the apex court on Tuesday and the dispute over the outcome of the election
held on January 30 will be settled thereafter. The court will also watch the
full video as well.
The Registrar General of the High Court will nominate a judicial officer to
bring the ballot papers to the court.
During the resumed hearing in the case on Monday, returning officer Anil Masih
appeared before the court as per its directive and admitted to have tampered
with the eight ballots by marking 'X' on them.
The votes will now be re-counted by disregarding the marks which were made
on them by the returning officer.
That means the results of the controversial election will be declared on the
basis of the existing ballot papers instead of a fresh election.
The Deputy Commissioner of the Chandigarh Administration will nominate an officer
to be the new returning officer to re-count the votes, the court said. And counting
process will be overseen by a judicial officer nominated by the High Court.
"Let the results be declared disregarding any mark put by the Returning Officer.
Let the process be overseen judicially by the High Court," the CJI said.
"The process shall be taken to the logical conclusion from the stage it stopped
before the declaration of results...", Chief Justice of India DY Chandrachud
said.
The legal fight is between the Bharatiya Janata Party (BJP) and the Aam Aadmi
Party (AAP)-Congress alliance.
AAP ally Congress has seven councillors in the Municipal Corporation. AAP has
now only 10 after three defections on Sunday. If fresh elections were to be
held, the alliance will lose and the BJP will get the support of 19 members
in a House of 36. AAP's Kuldeep Kumar was declared defeated with 12 votes (losing
8 as invalid) as against BJP's Manoj Sonkar's 16 on January 30.
During the previous hearing last week, the Supreme Court had, after watching
the video of the election process where the returning officer is seen tampering
with the eight ballots, remarked that it was a "mockery of democracy" and that
it would "not allow democracy to be murdered". Anil Masih was asked to appear
before the court on Monday. Deposing in the court on Monday he admitted to marking
'X' the 8 ballots. The court said he should be prosecuted.
The BJP mayor, Manoj Sonkar, declared elected on January 30, resigned on Sunday.
Controversies had started even much earlier to the polls.
That election was also a test of an alliance between arch enemies AAP and the
Congress.
A new Mayor is elected every year.
How a ballot is declared invalid: A ballot can be rendered invalid only
on three conditions:- (1) if votes are cast for more than two candidates, (2)
if any mark is left identifying the voter, (3) if any mark is left on the ballot
making it difficult to ascertain to whom the vote is cast, according to Live
Law.
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