MURDER of democracy, mockery of democracy — it’s not uncommon for the Opposition to use such expressions while accusing the ruling party of high-handedness or abuse of power. But when the Supreme Court chooses such strong words to describe the farcical conduct of the January 30 Chandigarh mayoral poll, there can be no doubt that there is something rotten in the proverbial state of Denmark. Rapping the returning officer (RO) who conducted the poll, the court said he should be prosecuted as it was obvious that he had defaced ballot papers. The BJP candidate had polled 16 votes, four more than the AAP-Congress nominee, to bag the mayor’s post. Amazingly, eight votes were declared invalid. Both AAP and Congress have accused the RO, a nominated councillor, of tampering with ballot papers to ensure the BJP’s victory.
A three-judge Division Bench led by CJI DY Chandrachud has said that the court will order a fresh election if it is not satisfied with the ‘purity of the poll process’. It has ordered preservation of the ballot papers as well as footage of the poll proceedings, besides directing the RO to be present during the next hearing. The losing candidate had approached the SC after the Punjab and Haryana High Court refused to grant an immediate stay on the election result.
Telltale evidence seems to have exposed the RO’s partisanship. His prosecution is a must to send out a strong message about the sanctity of the electoral exercise. Vitiating the poll process and denying a level playing field are cardinal sins in a democracy. A fresh election with a new returning officer is the need of the hour. Transparency can pave the way for course correction in the form of a free and fair contest. A country going to the polls in a couple of months cannot afford to let doubts and apprehensions gain ground among the stakeholders.
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