Yesterday, the Presiding Officer said that he did so because the ballots were defaced. Before recording the statement, we had put him to notice of the consequences of making a false statement.

It is evident that in each of the 8 ballots, that the vote has been duly cast in favour of the petitioner. The Presiding Officer has evidently put his own mark for the purpose of treating the ballot as invalid.

In doing so, the Presiding Officer has acted beyond his remit of statutory regulations.

Clause 10 of Regulation 6 provides for three eventualities where a ballot can be treated as invalid as mentioned above.

There is no dispute that in each of the 8 ballots, the votes are cast in favour of one person. Likewise, there is no mark on the ballot which will indicate that the person who cast the vote will be identified. The third ground, which evinces a situation where the mark is placed in such a manner making it doubtful for which candidate the vote has been cast, evidently do not arise on a plain persual of the ballot. Even if the mark placed by the Presiding Officer is taken into consideration, that mark does not create any doubt on whom the vote is cast.

The ink mark placed by the Presiding Officer at the end of the ballots have no consequence.

The Presiding Officer is guilty of misdemeanour

It is evident that the Presiding Officer has made a deliberate attempt to deface 8 ballots which were cast in favour of the petitioner so that the 8th respondent will be declared as the elected candidate.

Yesterday, the Presiding Officer made a solemn statement before this Court that he had done so as the 8 ballots were defaced. It is evident that none of the ballots are defaced.

The conduct of the Presiding Officer has to be deprecated at two levels. Firstly, he has unlawfully altered the course of Mayoral election. Secondly, in making a solemn statement before this Court on 19 Feb, the Presiding Officer expressed falsehood for which he must be held accountable.

For the above reasons, we have come to the conclusion that the results declared by the Presiding Officer are unlawful and have to be set aside. WE ORDER ACCORDINGLY.

During the course of proceedings, the 8th respondent resigned. The senior counsel on behalf of 8th respondent submitted as per provisions, there has to be fresh election. In the writ petition which was instituted before the PH HC, the petitioner, had inter alia, sought the setting aside of election process and for the holding of the fresh election process afresh and consequential reliefs.

The setting aside of the election process is a wider relief. We are of the view that setting aside the entire election process is inappropriate as the only infirmity is found in the counting process.

Setting aside the entire election process will compound the destruction of the democratic principles which happened due to the conduct of the Presiding Officer.

This Court is duty bound to ensure that the democratic process is not set at naught by such subterfuges. We are therefore of the view that the Court must step in such exceptional circumstances to ensure that the basic democratic mandate is ensured.

From the result sheet, while the petitioner got 12 votes, the 8 votes which were treated as invalid wrongly, were validly passed in favour of the petitioner. Adding the 8 votes would make his tally 20 votes. The 8th respondent on the other hand polled 16 votes.

SC - A fit case is made out for the initiation of proceedings under Section 340 CrPC against Anil Masih. 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.

Aaj Kya Naya Speech du....
Assembly meh toh sab bol hi Diya tha..

Heavy machinery and enforced bunker/s moving towards Shambhu border by protestors from AAP ruled punjab state as the Delhi chalo march resumes tomorrow.

How can the state govt allow this? This cannot be prepared overnight!

https://twitter.com/MeghUpdates/status/1759898543735873631

This despite Punjab and Haryana High Court's today's order directing protesting farmers to refrain from using tractors and JCBs for Delhi travel, citing Motor Vehicle Act limitations. Suggests opting for buses and asked AAP Govt of Punjab to control large gatherings at state borders

'CM has been Hijacked'

"The CM wants the assembly to be dissolved. And I can say this with conviction because we have worked very closely. He doesn't like the fact that his party ranks third. He wants Lok Sabha and Vidhan Sabha elections to be conducted together because he knows how BJP will treat him after Lok Sabha elections"

- Former Bihar Deputy CM Tejashwi Yadav

"Why we need a much smoother interface between our economies is that it is important for the European Union to prepare for the India that is to come."

- Dr S Jaishankar at the second CII-India Europe Business and Sustainability Conclave.

"Thank you SC for saving democracy in these difficult times".

- Kejriwal on Chandigarh mayor election verdict

(File Pic)

"Wherever the 'Bharat Jodo Nyay Yatra' is crossing through, Congress is collapsing there...Now, they are going to UP but they are experiencing differences with Akhilesh Yadav. Wherever the Nyay Yatra goes, there will be 'Anyay' with Congress."

- Assam CM Chad Himanta Biswa Sarma