Anil Masih, the returning officer accused of undermining Chandigarh's democratic principles, faced severe criticism from Chief Justice of India DY Chandrachud. Chandrachud expressed dismay at Masih's actions after viewing a video recording that revealed Masih, the presiding officer, tampering with ballot papers during Chandigarh's recent mayoral election.
The Chief Justice commented, "He is murdering democracy. Is this the way an officer has to conduct elections? We are appalled by his conduct." Chandrachud questioned Masih's behaviour, highlighting instances where he altered ballots depending on their position. The Chief Justice emphasized the Supreme Court's vigilance over Masih's actions.
The legal proceedings stemmed from a plea by Kuldeep Dhalor, the joint candidate of the Aam Aadmi Party (AAP) and Congress, who lost to Manoj Sonkar of the Bharatiya Janata Party (BJP). The AAP and Congress alleged vote rigging after eight votes were deemed invalid without explicit reasons. Masih, serving as the presiding officer in the mayoral elections, and the deputy commissioner (DC), acting as the returning officer, were expected to maintain impartiality.
Masih, a member of the BJP since 2015 and a nominated councillor of the Municipal Corporation since 2022, holds a temporary administrative role overseeing mayoral elections. While there is no rule against a presiding officer belonging to a political party, the norm has been to appoint a nominated councillor since the corporation's formation in 1996.
The 53-year-old Masih, once a marketing executive, transitioned to a dedicated political role. The video presented in court allegedly showed Masih marking eight ballot papers submitted by AAP and Congress councillors, leading to their invalidation.
Masih's family background and political journey were explored, revealing his association with the BJP since 2015 and subsequent roles within the party's minority wing. His past involvement in the CNI church and subsequent conflicts were also detailed.
Despite the allegations, Masih denied any wrongdoing, claiming to have followed the Municipal Corporation Act 1996. He explained that the scuffle ensued when AAP and Congress councillors attempted to take away the ballot papers after the results were declared.
In response, the solicitor general representing the Union territory of Chandigarh, Tushar Mehta, referred to Masih as an "administrative officer" and labelled the petition as purely political. The court, seeking satisfaction, directed the sealing and preservation of the entire election record, including ballot papers and videography, until the next hearing. Masih was also summoned to appear in court.
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