'Guilty of serious misdemeanour': SC Orders Criminal Prosecution Against Anil Masih

Chandigarh: Returning officer of mayoral polls Anil Masih on Tuesday faced wrath of Supreme Court which ordered his criminal prosecution for allegedly giving false statement before it and his "misdemeanour" during counting of votes.

apex court, which declared defeated AAP-Congress alliance candidate Kuldeep Kumar as new mayor of union territory by setting aside January 30 poll result, said Masih h put marks on eight ballot papers to create a ground for treating m as invalidly cast. "That apart, it is evident that presiding officer (Masih) is guilty of serious misdemeanour in doing what he did in his role and capacity as a presiding officer," a bench heed by Chief Justice D Y Chandrachud said.

bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, directed registrar (judicial) of apex court to issue a notice to Masih to show cause as to why proceedings should not be initiated against him under section 340 of Code of Criminal Procedure for allegedly making false statement before court.

It said he can file his response to notice and matter would be taken up after three weeks.

In its verdict, Supreme Court bench said Masih's conduct as presiding officer has to be deprecated at two levels. "Firstly, by his conduct he has unlawfully altered course of mayoral election... Secondly, in making a solemn statement before this court on February 19, presiding officer expressed falsehood for which he must be held accountable," bench said.

It said as a returning officer, Masih could not have been unmindful of consequences of making such a statement before court. bench noted that before recording Masih's statement during hearing on Monday, court h placed him on notice about serious consequences if he was found to have me an incorrect statement.

BJP h won Chandigarh mayoral polls on January 30 defeating comfortably placed AAP-Congress alliance candidate after returning officer declared as invalid eight votes of coalition partners, drawing accusations of tampering with ballots.

Manoj Sonkar of BJP defeated Kuldeep Kumar after polling 16 votes against his rival's 12 to bag mayor's post. Sonkar, however, resigned subsequently, while three AAP councillors defected to BJP. In its verdict, bench observed that Masih h me a deliberate effort to deface eight ballots which were cast in favour of Kumar to secure a result in which Sonkar would be declared as an elected candidate.

"During course of se proceedings, for above reasons, we have come to conclusion that result which was declared by presiding officer is clearly contrary to law and will have to be set aside. We order accordingly," it said. bench observed that votes in eight ballot papers, which were invalidated by Masih, were duly cast in favour of Kumar.

It said that as returning officer, Masih h clearly acted beyond term of his remit under statutory regulations.

"We accordingly order and direct that result of election as declared by presiding officer stands quashed and set aside. petitioner (Kumar) is declared to be validly elected candidate for election as mayor of Chandigarh Municipal Corporation," bench said.

It referred to Masih's statement me before court on Monday in which he h stated that besides signing ballot papers, he h put 'X' mark at eight ballot papers during course of counting of votes to identify m as defaced. bench, which perused ballot papers during hearing and also saw video recording of counting process, said none of se ballot papers were defaced as claimed by Masih.

Masih, a nominated municipal councillor, is a member of BJP's minority wing and has been associated with party since 2015 and has been seen attending party events. He was nominated as a councillor in Chandigarh civic body in October 2022. Masih, who acted as returning officer on January 30 mayoral polls, studied at a government school in union territory and did his gruation from DAV college re. 

(Disclaimer: This is a wire copy; except for heline, Republic has not changed anything.)