The bench, additionally comprising Justices J B Pardiwala and Manoj Misra, ordered {that a} assembly of the newly elected council which is to happen on February 7 be deferred pending additional orders.

“Is this behaviour of a returning officer? (He) looks at the camera, faces the ballot and then obviously where there is a cross at the bottom, he just keeps it in the tray. The moment there is a cross at the top, the man defaces the ballots and looks at the camera to see who is looking at him,” CJI Chandrachud requested whereas listening to the plea by AAP councillor Kuldeep Kumar.

“Please tell your returning officer that the Supreme Court is watching over him. And we will not allow democracy to be murdered like this. The great force in this country is the purity of the electoral process, but what has happened here!” the CJI exclaimed.

Solicitor-General Tushar Mehta stated there can’t be any dispute on what the CJI stated concerning the purity of elections however urged the bench to not kind an opinion with out getting your complete image. ‘Your Lordships have seen just one facet of the image.”

The CJI then stated that your complete video be produced earlier than the courtroom on the following event and Mehta agreed to take action.

When Mehta referred to the laws, the CJI added, “We are not going to go by the regulations. We want our conscience to be satisfied. Otherwise hold a fresh election. We will direct who the returning officer shall be. Conduct a fresh election.”

Mehta as soon as once more urged the bench “don’t form an opinion based on something said very selectively”.

But that didn’t cool issues and the CJI remarked, “Why is he looking at the camera like a fugitive? He has to be doing his duty. He looks at the camera and kindly he defaces the ballot”.

Senior advocate AM Singhvi showing for Kumar stated it may be solved by holding a contemporary election after sequestering the file and the bench agreed.

Issuing a discover, the bench stated, “Prima facie, at this stage we are of the considered view that an appropriate interim order was warranted, which the High Court has failed to pass, in order to protect the purity and sanctity of the electoral process. We direct that the entire record pertaining to the election of the mayor of the Chandigarh Municipal Corporation shall be requested under the custody of the registrar general of the Punjab and Haryana High Court. This shall include the ballot papers, videography of the entire electoral process and all other material in the custody of the returning officer”.

“This exercise shall be carried out forthwith by 5 pm this evening. The returning officer shall hand over the records as it is…” the order added.

Mehta identified that the presiding officer had already handed them over to the Chandigarh deputy commissioner on January 30 in a sealed format.

Accordingly, the bench directed that “the deputy commissioner, Chandigarh, shall comply with the above direction by handing over the entirety of the records to the Registrar General of the High Court for safekeeping and custody”.

Singhvi additionally drew the courtroom’s consideration to the scheduled assembly of the newly elected physique and stated it could have massive monetary implications as a result of it was for budget functions.

The courtroom then directed that “the ensuing meeting of the Chandigarh Municipal Corporation which is scheduled to take place on February 7, 2024, shall be deferred pending further orders of this court”.