Chandigarh Mayor Elections: Anil Masih issues unconditional apology for 'false statements'

Anil Masih, the Returning Officer in the Chandigarh Mayor elections, apologized unconditionally to the Supreme Court for making a "false statement" regarding the tampering of ballot papers.

A bench led by Chief Justice of India (CJI) DY Chandrachud had taken action against Anil Masih under Section 340 of the CrPC. This was in response to Masih invalidating eight votes by tampering with the ballot papers and providing false statements to the court.

 

Following the Supreme Court's order, the invalidated votes were counted in favor of Aam Aadmi Party candidate Kuldeep Kumar, who was subsequently declared the Mayor.

 

During a short hearing, senior lawyer Mukul Rohatgi, representing Anil Masih, informed the bench that his client was offering an unconditional apology, citing significant pressure.

"I myself had spoken to him (Anil Masih) and he is apologising for his conduct. He will withdraw the first affidavit and surrender to the magnanimity of this court. This is an unconditional apology," said Rohatgi.

Senior lawyer Abhishek Manu Singhvi opposed the apology, stating, "He can't just walk away with an apology." Nevertheless, Chief Justice of India (CJI) DY Chandrachud adjourned the hearing to July 23.

 

In a previous affidavit, Anil Masih asserted that eight ballot papers were defaced by AAP leaders, and he experienced depression after a CCTV clip of the incident was leaked. He stated that this led to him being unable to respond accurately to questions posed by the Chief Justice.

"I was under mental trauma, stress. There was a tense atmosphere, heated arguments in court, which affected me. I was on heavy medication during the time. I answered questions in court," the affidavit read.

 

In February, the Supreme Court announced Aam Aadmi Party candidate Kuldeep Kumar as the chosen candidate for the position of Mayor of Chandigarh Municipal Corporation. The court emphasized the importance of free and fair elections to uphold the legitimacy and trust in democracy.

"This court has consistently held that free and fair elections are a part of the basic structure of the Constitution. Elections at the local participatory level act as a microcosm of the larger democratic structure in the country," the detailed order stated.

"Local governments, such as municipal corporations engage with issues that affect citizens' daily lives and act as a primary point of contact with representative democracy. The process of citizens electing councillor, who in turn, elect the Mayor, serves as a channel for ordinary citizens to ventilate their grievances through their representatives-both directly and indirectly elected," the order further read.