The Supreme Court gave the BJP victory at Chandigarh mayoral elections a jolt, threatening to order contemporary elections after a video performed within the open courtroom on Monday confirmed the Returning Officer “obviously defacing” poll papers, whereas taking stealthy glances on the digicam 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, showing for the Union Territory of Chandigarh, and senior advocate Maninder Singh, for the successful candidates.

The Supreme Court directed the sequestration of your entire information of the mayoral elections underneath the custody of the Registrar-General of the Punjab and Haryana High Court forthwith by 5 p.m. on February 5. These information embody the poll papers and the entire video shot of the electoral course of.

The courtroom additionally stopped the brand new dispensation of the Chandigarh Municipal Corporation from holding a finances assembly 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 requested.

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

He stated there have been 20 AAP councillors and 16 BJP ones. The Returning Officer was speculated to signal on every poll paper after the vote.

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

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

Mr. Singh started in defence to seek advice from sure rules on the conduct of elections whereas Mr. Mehta stated they’d be capable of “satisfy” the courtroom. He stated the Bench shouldn’t type an opinion with out viewing your 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, itemizing 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 poll papers by the Presiding Officer.

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

The AAP has sought contemporary election underneath the supervision of a retired decide.