A video of the conversation between Chief Justice of India DY Chandrachud and Returning Officer Anil Masih during the hearing of the Chandigarh mayoral elections fraud case has gone massively viral on social media platforms.
Returning Officer Masih faced a barrage of questions from the CJI who grilled him about why he was marking an ‘X’ on certain ballot papers. A nervous Masih ultimately conceded to the queries.
At the end of the video, the Supreme Court said that the Returning Officer must be prosecuted for interfering in the election process. It ruled out a fresh election and ordered the recounting of the existing ballot paper by an impartial presiding officer.
The conversation between CJI and Returning Officer Masih has been hugely shared on social media platforms. Here is how it went:
CJI : Mr Masih, I am asking you questions. If I find that you are not giving me a truthful answer, you will be prosecuted. Every word that you say, you will be held liable for what you say. You are not in a political contest you are in a Court of Law, so please understand that. This is a serious matter. We have seen the video. What were you doing looking at the camera putting out crosses on the ballot papers? Why were you putting marks?
Masih: Sir, these councillors were making so much noise – camera! camera! camera! , that is why I am looking at what is the Camera they are talking about, that’s why I was looking at the cameras. …..After the voting, I had to put signs on the ballot papers. The ballot papers which were defaced, I was just highlighting that it should not be mixed again that was the only reason.
CJI: It is very obvious from the video that you look at some of the ballot papers, depending upon the cross on the top or the bottom, you put your signature and put the ballot paper in the tray. Where the cross is at the other end of the ballot paper, you put an X mark on the ballot paper, it was very clear that you were putting X marks on certain ballot papers. Did you or did you not put X marks on certain ballot papers?
Masih: Yes. I marked on the defaced.
CJI: On how many ballot papers was X mark put?
Masih: Eight ballot papers. After I made the markings, AAP party members snatched and destroyed them and the police marshalls had to intervene to preserve the papers.
CJI: Ballot paper ko deface aap kyu kar rahe the? App aise kyu kare? Aapko sign karna hai? (Why did you deface the ballot papers? You had to sign the papers only. Where is it provided in the rules that you can put other marks in the ballot papers)
Why did you deface the ballot papers? You had to sign the papers only. Where is it provided in the rules that you can put other marks on the ballot papers?
Masih: Sir, I was highlighting that they are defaced
CJI: So it is admitted that you have put your marks on the ballot
Masih: Jee (yes) Sir
CJI: Mr.Solicitor, his answer is very clear, he has to be prosecuted. I think interfering with the electoral democracy by a Returning Officer is the gravest possible thing. The process of horsetrading which is going on is a serious matter.”
