The Supreme Court of India on Monday plunged into action and raised serious concerns over the integrity of the electoral process in the Chandigarh Municipal Polls, as it engaged in a probing session with Anil Masih, the Returning Officer (RO) responsible for overseeing the Polls.

The bench of Chief Justice of India, DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing a plea filed by Aam Aadmi Party (AAP) councillor Kuldeep Kumar challenging the Punjab and Haryana High Court's decision not to grant an immediate stay on the election results, where a Bharatiya Janata Party (BJP) candidate was declared the Chandigarh Mayor.

The crux of the matter revolves around the actions of the Returning Officer, Anil Masih, who was questioned by the Supreme Court regarding the marks, including ticks and X marks, he made on the ballot papers during the counting process. The Chief Justice warned Masih that he could face prosecution if found to be providing false information to the Court.

Masih defended his actions by stating that he was merely marking the defaced ballot papers to set them apart and that he happened to glance at one of the CCTV cameras in the counting area. However, the Chief Justice was not convinced by this explanation, asserting that in an electoral democracy, such actions cannot be allowed.

The Court's concern deepened when it expressed apprehensions about "horse-trading" in the aftermath of the election. The elected Mayor resigned yesterday, and three AAP councillors reportedly defected to the BJP. 

The Chief Justice remarked on the disturbing nature of horse-trading, prompting the Court to order the production of the ballot papers, currently in the custody of the High Court, and the video footage of the counting process in the mayoral polls.

Furthermore, the Supreme Court directed the appointment of a new returning officer for the municipal polls, emphasizing the necessity for impartiality by appointing someone not affiliated with any political party. The Court entrusted the Registrar General of the Punjab and Haryana High Court with overseeing the process of counting and other election-related procedures to uphold the sanctity of the electoral process.

The legal saga began when BJP's Manoj Sonkar was elected as Mayor on January 30, despite the AAP-Congress alliance having a majority in the house. Eight votes were rejected as invalid, constituting votes of the AAP-Congress alliance. Kuldeep Kumar approached the Punjab and Haryana High Court, alleging fraud in the BJP's win and forgery in the rejection of the eight votes. The High Court issued notice but refused to stay the polls, prompting Kumar to move the Supreme Court.

Advocate General of Punjab Gurminder Singh, along with other lawyers representing the petitioner-AAP councillor, appeared before the Court to present the case. Solicitor General Tushar Mehta represented the Chandigarh administration.

Case: Kuldeep Kumar vs. UT Chandigarh and ors.