Chandigarh Mayoral election: ‘I am under treatment for mental trauma and stress caused by incessant criticism’, Anil Masih tells Supreme Court

Satya Prakash

New Delhi, March 16

Chandigarh nominated councilor Anil Masih — who faced the Supreme Court’s wrath for alleged ballot tampering in recent mayoral elections — has told the top court that he has been under treatment for mental trauma and stress caused by incessant criticism.

Denying the allegations of ballot-tampering, Masih alleged that two AAP representatives snatched some of the ballot papers and mutilated them. After they, along with others, fled with the ballot papers, the same had to be retrieved by the marshalls of the House.

In an affidavit filed in the Supreme Court in response to the February 20 order issuing him contempt of court notice, Masih said he went for counselling to Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, soon after a “purported” video recording of the election process was leaked.

He said the media coverage of the incident offended his privacy and mental health, for which he has taken two online consultations with experts since February 20 and was still undergoing treatment.

Masih said due to name-calling by members of political parties on mainstream and social media, he was put under immense mental trauma, forcing him to consult a specialist in PGIMER, who prescribed him depression and anxiety disorder drugs for two weeks.

He stated that his wife has received a message from doctors about precautions needed for her husband’s well-being. The recommendations included that one family member should be with Masih all the time and sharp objects such as blades/knife, mosquito repellants, liquid detergent, inflammable substance and dupatta should be kept away from him in a safe locker.

Masih urged the top court to keep in mind these factors, particularly his safety and mental health, while dealing with the matter.

Setting aside the Chandigarh Mayoral poll results, the Supreme Court had on February 20 declared AAP-Congress combine candidate Kuldeep Kumar the winner.

Using its plenary powers under Article 142 of the Constitution, a three-judge Bench led by CJI DY Chandrachud had held that the eight votes declared invalid by Masih were validly cast in favour of Kumar and who had in fact got 20 votes against BJP candidate Manoj Sonkar’s 16.

Out of the 36 votes, BJP candidate Manoj Sonkar had bagged 16 votes against the 12 received by Kuldeep Kumar after eight votes were rejected in the January 30 polls to elect the Mayor of the Chandigarh Municipal Corporation. However, Sonkar resigned on February 18.

Deprecating Returning Officer Anil Masih’s conduct in unlawfully changing the results, the top court had ordered initiation of criminal proceedings against him under Section 340 of the Criminal Procedure Code for ballot-tampering.

Masih “unlawfully altered the course of the mayoral election” and the statement he made before the court on February 19 was a “patent falsehood”, the Bench had said.

“Registrar Judicial is directed to issue a notice to Anil Masih, to show cause as to why steps should not be initiated against him under Section 340 CrPC,” it had said adding, he shall have an opportunity to respond to the show cause notice.