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You are here: Home / Archives for 2024

Archives for 2024

No-trust motion against Khattar govt defeated in Haryana Assembly Cong MLAs walk out

February 23, 2024 by Nasheman

Chandigarh: A no-confidence motion brought by the Congress against the BJP-JJP government in Haryana was defeated through voice vote on Thursday after the opposition party’s MLAs walked out of the Assembly.

At the end of a four-hour-long discussion on the motion, Congress members left the House expressing dissatisfaction with the chief minister’s reply.

Speaker Gian Chand Gupta announced that the motion had been defeated through voice vote.

On Congress’ walkout, Deputy Chief Minister Dushyant Chautala suggested a resolution be brought against the Congress members, alleging they waste precious time of the House.

Lone Indian National Lok Dal (INLD) MLA Abhay Singh Chautala was also not present as he had left the House much before the Congress staged a walkout.

It was the second no-confidence motion brought by the Congress in the second term of the Manohar Lal Khattar government. The first such motion, which was brought by the Congress three years ago amid a stir against now-repealed farm laws, was defeated as well.

At present, the BJP has 41 MLAs in the 90-member House while its alliance partner, the Jannayak Janta Party (JJP), has 10, and the ruling combine also enjoys support of six of seven independents.

The main opposition Congress has 30 MLAs and the INLD has one while one seat is of Haryana Lokhit Party.

Later, speaking to reporters, Leader of Opposition Bhupinder Singh Hooda said the government seemed to be avoiding questions raised by the opposition during the no-confidence motion, instead of answering them.

“It is extremely shameful that instead of speaking on the manifesto promises, scams, unemployment, crime, drugs, inflation and farmers’ issues, the government resorted to personal comments. Therefore Congress walked out of the House,” Hooda said.

Earlier, speaking in the House after the motion was taken up for discussion, Congress members targeted the Khattar government on various issues, including ongoing farmers’ agitation on Punjab-Haryana borders.

Chief Minister Khattar, who is also Leader of the House, said, “When they had brought no-confidence in 2021, I had said they should bring the motion every six months. I had said this with a reason that at least they will have to listen to us.”

“Mehfil mein chal rahi thi mere katl ki tayari, kehte kehte bole lambi umar tumhari…,” said Khattar in a poetic tone while taking a dig at the Congress.

The Congress MLAs knew fate of their motion and had already said it was a number game, the CM said, adding in Congress’ culture there is no tradition of trust.

“Whenever any reform was talked about in the national interest, the Congress never believed it,” he said.

Khattar also said everyone knows about alleged scams during the Congress-led UPA regime. Land scams also took place during the previous Hooda government in the state, he said.

“During Congress’ time, badli (transfers), bharti (recruitment) and CLU (change of land use) industry flourished,” alleged the CM.

He said under the present dispensation systemic changes have been brought and transparency has been ensured in every sphere of administration.

To assert claims of giving government jobs on merit, Khattar cited an example of recruitment of daughter of senior Congress member Geeta Bhukkal as an assistant professor.

However, Bhukkal said the government had not done any favour on her daughter who had secured job on her merit.

Why are you taking it personal, Khattar told her.

Earlier, Congress member Shamsher Singh Gogi raised the protesting farmers’ issue.

Gogi said a farmer who died on Wednesday at Khanauri on the Punjab-Haryana border was among the protesting farmers who are seeking a legal guarantee to minimum support price for crops.

“The border has been made like India-Pakistan border…the government should resolve the issue,” said Gogi.

Hooda said the situation is serious and government should resolve the issue through talks.

The BJP MLAs said the government has undertaken all-round development and Haryana was marching on path of progress.

Congress MLA B B Batra said the BJP talks about establishing “Ram Rajya”, but it is a government which has been hit by scams while corruption is rampant in various spheres.

During the discussion, Congress members also brought up the issue of charges under the stringent Unlawful Activities (Prevention) Act (UAPA) slapped against party MLA Mamman Khan in Haryana in connection with a Nuh violence case.

Hooda said when the MLA had secured bail in a FIR, why UAPA charge had been added six months later. “Don’t treat MLAs like this. UAPA is slapped against terrorists,” he said.

However, Khattar said the government does not interfere in a issue in which investigation is going on.

Congress member Gogi said, “Is UAPA being slapped against Mamman Khan because he belongs to a particular community”.

INLD’s Abhay Chautala also said, “Why are you targeting Muslims. Why has UAPA not being slapped in the Gurugram case where an Imam had died in aftermath of (Nuh) violence.”

During the discussion, there was a brief verbal exchange between ruling JJP’s Ram Kumar Gautam and Deputy Chief Minister Dushyant Chautala after Gautam made some remarks against him which were expunged by the Chair.

Gautam also indulged in a verbal duel with Minister of Development and Panchayats Devender Babli, also from JJP, after the former made some remarks on e-tendering system in panchayats.

Filed Under: India, News & Politics

Mann announces Rs 1 crore compensation, job for sister of farmer killed at Punjab-Haryana border

February 23, 2024 by Nasheman

Mann announces Rs 1 crore compensation, job for sister of farmer killed at Punjab-Haryana border
Shubhkaran Singh

Chandigarh : Punjab Chief Minister Bhagwant Mann on Friday announced a compensation of Rs 1 crore and a government job for the sister of farmer Shubhkaran Singh who died at the Khanauri border point.

Singh (21), a native of Bathinda, was killed and 12 police personnel injured in clashes at Khanauri border point on the Punjab-Haryana border on Wednesday. The incident took place when some protesting farmers were trying to head towards barricades.

“The family of Shubhkaran Singh, who got martyred during the farmer’s movement on the Khanauri border, will be given financial assistance of Rs 1 crore by the Punjab government and a government job to his younger sister. Due legal action will be taken against culprits,” Mann said in a post in Punjabi.

Farmer leaders were demanding financial compensation for the kin of Singh and a government job for a member of his family, besides registration of a case against those who were responsible for his death.

They had also demanded “martyr” status for Singh, who hailed from Ballo village in Bathinda.

The post-mortem of Singh, whose body was kept in a mortuary of Rajindra Hospital in Patiala, was delayed as the farmers pressed for acceptance of their demands.

The chief minister on Wednesday said he was saddened by the death of the young farmer and asserted that stringent action would be taken against those responsible for it.

“After the post-mortem, a case will be registered. Those officials responsible for his death will have to face stringent action,” Mann had said.

The Samyukta Kisan Morcha (non-political) and the Kisan Mazdoor Morcha (KMM) are spearheading the ‘Delhi Chalo’ march to press the government to accept their demands, including a legal guarantee of MSP for crops and a farm loan waiver.

Farmer leaders on Wednesday put the ‘Delhi Chalo’ march on hold for two days after a protester was killed and about 12 police personnel injured in clashes at Khanauri and had also said that they would decide their next course of action on Friday evening.

Thousands of farmers remain camped at Khanauri and Shambhu with their tractor-trolleys and trucks agitating for their demands, including a legal guarantee for minimum support price (MSP) for crops and farm debt waiver.

The Punjab farmers are also demanding the implementation of the Swaminathan Commission’s recommendations, pension for farmers and farm labourers, no hike in electricity tariff, withdrawal of police cases and “justice” for the victims of the 2021 Lakhimpur Kheri violence, reinstatement of the Land Acquisition Act, 2013, and compensation to the families of the farmers who died during a previous agitation in 2020-21.

Filed Under: India, News & Politics

BRS MLA Lasya Nanditha dies in road accident in Telangana CM, KCR condole death

February 23, 2024 by Nasheman

BRS MLA Lasya Nanditha dies in road accident in Telangana; CM, KCR condole death

Hyderabad : Opposition BRS MLA in Telangana G Lasya Nanditha died in a road accident at Patancheru near here on Friday.

The incident occurred at around 5.30 AM today when the car she was travelling in hit a metal crash barrier on the Outer Ring Road (ORR) resulting in her death, police said.

The car’s driver suffered injuries in the incident, they said.

The 36-year-old first-time legislator from Secunderabad Cantonment (SC) was shifted to a hospital where the doctors declared her dead on arrival.

Telangana Chief Minister A Revanth Reddy, BRS chief K Chandrasekhar Rao, state BJP president G Kishan Reddy and several Telangana ministers and leaders condoled the death of the young legislator.

Expressing grief over the tragic death of Lasya Nanditha, Revanth Reddy recalled his close association with her late father G Sayanna.

It is tragic that Sayanna died in February last year and Lasya Nanditha also passed away suddenly during the same month (in a span of one year), he said.

Nanditha’s father Sayanna was a BRS MLA. He passed away due to ill-health in February last year.

She won the recent Assembly election in Telangana on a BRS ticket.

BRS president Chandrasekhar Rao expressed anguish over her sudden demise and said Lasya Nanditha won people’s appreciation as MLA.

The BRS would stand by her family members in the difficult times, Chandrasekhar Rao said.

BJP leader Kishan Reddy said it was painful that Lasya Nanditha and her father died within a year.

Lasya Nanditha, who had served as a Corporator in Greater Hyderabad Municipal Corporation (GHMC) earlier, had a bright future ahead, he said.

Meanwhile, police said they are trying to ascertain how the accident occurred.

On February 13 this year, Lasya Nanditha was involved in an accident while returning to Hyderabad after attending a public meeting organised by BRS at Nalgonda.

While she escaped with minor injuries a Home Guard died.

Filed Under: India, News & Politics

Former Lok Sabha Speaker Manohar Joshi passes away

February 23, 2024 by Nasheman

Former Lok Sabha Speaker Manohar Joshi passes away
Lok Sabha Speaker Manohar Joshi

Mumbai: Former Lok Sabha Speaker Manohar Joshi passed away at a Mumbai hospital on Friday, where he was admitted after suffering a cardiac arrest.

Joshi (86) was admitted to Hinduja Hospital in the Intensive Care Unit (ICU) on February 21 and passed away early Friday, the private medical facility said.

Joshi Sir, as he was popularly known, was the first chief minister of the undivided Shiv Sena and held the post during 1995-1999.

He was admitted to the hospital in May last year after suffering a brain haemorrhage.

He was also elected as a member of Parliament and was the Lok Sabha Speaker from 2002 to 2004 when the Vajpayee government was in power.

Born on December 2, 1937 in coastal Konkan region of Maharashtra, Joshi obtained his Bachelor’s degree in Civil Engineering from the prestigious Veermata Jijabai Technological Institute (VJTI) in Mumbai.

His political career began with his involvement in the Rashtriya Swayamsevak Sangh and he later became a member of the Shiv Sena. In the 1980s, Joshi emerged as a key leader within the Shiv Sena, and was known for his organisational skills.

He was the Lok Sabha Speaker from 2002 to 2004 when the Vajpayee government was in power.

The former Union minister was married to Anagha Joshi, who died in 2020 at the age of 75. He is survived by a son and two daughters.

Joshi began his career as a teacher and entered politics in 1967. He was associated with the Shiv Sena for more than four decades.

He was a municipal councilor in Mumbai during 1968-70 and Chairman, Standing Committee of the Mumbai municipal corporation in 1970. He was the Mayor of Mumbai during 1976-1977.

He was then elected to the Maharashtra Legislative Council in 1972. After serving three terms in the Legislative Council, Joshi was elected to the Maharashtra Legislative Assembly in 1990 and was the Leader of the Opposition in the assembly during 1990-91.

In the 1999 general elections, Joshi won from the Mumbai North-Central Lok Sabha Constituency as a Shiv Sena candidate, and was later Union minister of Heavy Industries and Public Enterprises.

Condoling Joshi’s demise, Union minister Nitin Gadkari, who was a member of the Maharashtra ministry when the former was the CM, said the state had lost a “cultured face” of politics.

Joshi’s family said his last rites will be performed at Shivaji Park crematorium in Dadar area.

Filed Under: India, News & Politics

No place for Muslims in Congress, alleges MLA Zeeshan Siddique

February 23, 2024 by Nasheman

Mumbai: MLA Zeeshan Siddique who was sacked as president of the Mumbai Youth Congress two days ago alleged on Thursday that Muslims have no place in the party.

Maharashtra Congress Zeeshan Siddique Breathes Fire Removal Mumbai Youth  Wing Chief Rahul Gandhi

Speaking at a press conference here, Siddique, MLA from Vandre East, also claimed that the Congress had the worst communalism among all parties and he faced harassment because of his religion.

“I won’t say I will remain in the Congress, but I will discuss my political options with my supporters (first),” said Siddique whose father and former Maharashtra minister Baba Siddique recently quit the party and joined the Ajit Pawar-led NCP.

He did not receive any official communication about being removed as the Mumbai Youth Congress chief, he claimed.

“I have been repeatedly saying that even though my father Baba Siddique joined the NCP, I will remain with the Congress, but still action was taken against me,” Zeeshan said.

He bagged 90 percent votes in the election for the Mumbai Youth Congress president’s post, and still the party took nine months to appoint him to the post, he said, adding, “I was harassed a lot because I am a Muslim.”

“Muslims have no place in the Congress. In Mumbai and Karnataka, two Muslim candidates won Youth wing elections but it took nearly a year for them to get the post in both cases,” he said.

Zeeshan also said he felt bad about the Congress being in alliance with the Shiv Sena led by Uddhav Thackeray (as part of the Maha Vikas Aghadi), when Thackeray, at a solidarity rally of the alliance in Mumbai, praised the demolition of Babri mosque.

Rahul Gandhi was doing good work but his team was “extremely corrupt,” he alleged.

Filed Under: India, News & Politics

ED raids residences of associates of absconding TMC leader Shajahan Sheikh

February 23, 2024 by Nasheman

Kolkata: The Enforcement Directorate (ED) on Friday conducted raids at residences of businessmen associated with absconding Trinamool Congress leader Shajahan Sheikh in connection with an old case of fraudulent land grab, a senior officer said.

Raids and search operations were started by the ED early Friday morning at five different places in and around the city including Howrah, Bijoygarh and Birati, he said.

“These raids are in connection with an old case of fraudulent land grab against Shajahan Sheikh and his associates. These people were involved in fish businesses with Shajahan. We are looking for a few specific documents”, the officer said.

The ECIR is generally filed by the ED as the case Information report. It is similar to a First Information Report (FIR) in criminal cases, he explained.

On January 5, a team of ED officers were assaulted by a mob when they tried to enter the residence of Shajahan at Sandeshkhali in North 24 Parganas district of West Bengal.

Three officers were injured in the attack. The district police and Sheikh’s family members had lodged a complaint against the ED officers.

Shajahan has been absconding since then.

Sandeshkhali has been in the national news after local women alleged of being gang raped and forcible land grabs by Shajahan and his men, who are involved in fish business.

Police have till date arrested 18 people including two TMC leaders and a close aide of Shajahan.

Filed Under: India, News & Politics

SC overturns Chandigarh mayoral poll result declares defeated AAP candidate winner

February 21, 2024 by Nasheman

New Delhi: The Supreme Court on Tuesday overturned the result of the Chandigarh mayoral poll in which the BJP candidate had emerged an unlikely winner, and declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new city mayor.

It also ordered prosecution of the returning officer for the poll, Anil Masih, a BJP leader, for his “misdemeanour”, after finding serious faults in the conduct of the January 30 election.

The apex court made it clear that it was not quashing the entire electoral exercise and restricting itself to dealing with the wrong-doings in the counting process which led to invalidation of eight votes cast in Kumar’s favour.

A bench headed by Chief Justice D Y Chandrachud said it was evident that Masih made deliberate attempt to deface eight ballot papers.

The BJP had won the mayoral poll defeating the comfortably placed AAP-Congress alliance candidate after the returning officer declared as invalid eight votes of the coalition partners, drawing accusations of tampering with ballots.

Manoj Sonkar of the Bharatiya Janata Party (BJP) had defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. Sonkar, however, resigned subsequently, while three AAP councillors defected to the BJP.

Filed Under: ELECTION, India

Tax rich and spend on poor for their uplift is our economics: CM Siddaramaiah

February 21, 2024 by Nasheman

Bengaluru: Strongly defending his government’s guarantee schemes, Karnataka Chief Minister Siddaramaiah on Tuesday said there was nothing called “Siddanomics” and he and his government believed in “good economics”, which means taxing the rich in accordance with law and spending the money on the poor for their uplift.

He also asserted that his government is working towards protecting the Constitution and making Karnataka “Sarva Janangada Shantiya Tota” (the peaceful garden of all communities) and alleged that the BJP believes in “Manuwad” and not the Constitution.

The CM was replying to the motion of thanks to the Governor’s address to the joint sitting of Karnataka Legislature, in the Legislative Assembly.

The motion was later passed by the Lower House, even as opposition BJP and JD(S) staged a walkout, alleging that the Chief Minister was making a political speech ahead of Lok Sabha polls, instead of replying to issues raised, while no developmental work has taken place in nine months since Congress came to power.

“Kumaraswamy (JDS leader) is not here, he used the term Siddanomics (describing Siddaramaiah’s approach to state’s finances), I have never come across this word. Is there such an economics, have you read it or heard it? Is there such a book? I haven’t seen it,” Siddaramaiah said.

Noting that there is good and bad economics, he said, “I believe in good economics. I present (the budget) under good economics. Our economics is taxing the rich in accordance with law and spending it on the poor. That’s what we have done.”

Through five guarantees the government has worked towards strengthening the poor and downtrodden socially and economically, he further said, “This is good economics. This is the economics of self respect….We have spent Rs 36,000 crore for five guarantees and I have set aside about Rs 52,000 crore in the budget for the next year.”

Leader of Opposition R Ashoka and former Chief Minister Basavaraj Bommai took a swipe at Siddaramaiah, saying the Chief Minister should take “Siddanomics” as a compliment and consider it as a brand given to his economics.

Defending his government’s policies and programmes, the CM alleged that the BJP-led NDA government at the Centre was “anti-poor, anti-farmer, anti-backward class, anti-women, anti -minorities and anti-labourers”.

Also calling it “anti-Constitution”, he said, “they (BJP) want to change the Constitution, they don’t believe in the Constitution. They believe in Manuwad…the Constitution has protected us. If Narendra Modi has become the Prime Minister, if they (BJP) have become MLAs, if we have become MLAs, it is because of the Constitution. We believe in the Constitution, we don’t believe in Manuwad.”

Hitting back at the opposition over its accusation that the Congress government in the state had made the Governor utter lies in his customary address to both Houses of Legislature, Siddaramaiah said the former has spoken the truth and it has reached the people, who have already given the “certificate” to his party.

“BJP is a party of lies and that party members were experts in speaking lies,” he alleged.

The Chief Minister attacked BJP and the union government over alleged “injustice” to Karnataka in tax devolution, grants-in-aid, delay in drought relief and delay in clearance or approval for several mega development projects, while highlighting the losses incurred by the state under the 15th Finance Commission.

Siddaramaiah said when he along with Ministers, Congress MLAs and MPs from Karnataka staged a protest in Delhi demanding that the injustice be set right, Prime Minister Narendra Modi accused Congress of trying to divide the country.

“But, what had Modi said as Gujarat CM?” he asked.

Also, trying to defend “separate nation” remarks by Congress MP D K Suresh, he said, “Narendra Modi as Gujarat CM in 2012-13 criticised then central government on tax devolution to his state and had said — you (Centre) don’t collect tax from our state and also don’t give us anything (in terms of devolution) to us — What should we call it?”

Dismissing opposition allegations, he said law and order in Karnataka was maintained efficiently. Investments worth Rs 77,000 crore have flown into the state in the last nine months since Congress came to power.

Rejecting the narrative that the state government was adopting a confrontational approach with the Centre, Siddaramaiah explained the efforts taken by his government to get central funds and clearances for projects.

“We are not indulging in any confrontation or conflict, we are only seeking justice for Karnataka and demanding that the injustice be set right. If we don’t do it, we will be doing injustice to seven crore Kannadigas. It’s our duty and responsibility.”

He targeted BJP legislators and 27 MPs (along with one JD(S) and an independent) for not raising with the Centre “injustice” done to Karnataka and pointed out that “we are in a federal structure.”

Responding to the Chief Minister’s claim that the state government has been working for the uplift of SC/STs, Bommai sought to know about more than Rs 11,000 crore SC/ST funds being diverted to other schemes.

To this, Siddaramaiah hit back saying it was his government which brought in a law on Scheduled Castes Sub-Plan and Tribal Sub-Plan (SCSP-TSP) and challenged BJP to introduce a legislation on SCSP-TSP at the Centre, if it is really concerned about welfare of SC/ST communities.

“They (BJP) only talk about SC/ST and chant slogan ‘Sab ka Sath, Sab ka Vikas’,” he said.

When the CM tried to compare his government’s higher allocation for SC/ST with the previous BJP regime in the state, Bommai pointed out that budget size had shrunk then, due to COVID pandemic. “Give the correct picture, don’t lie,” the BJP leader said.

Filed Under: bangalore, India

Chandigarh mayoral poll: SC orders criminal prosecution of returning officer Anil Masih

February 21, 2024 by Nasheman

Chandigarh mayoral poll: SC orders criminal prosecution of returning officer Anil Masih
Returning officer of the Chandigarh mayoral polls Anil Masih

New Delhi: Returning officer of the Chandigarh mayoral polls Anil Masih on Tuesday faced the wrath of the Supreme Court which ordered his criminal prosecution for allegedly giving false statement before it and his “misdemeanour” during the counting of votes.

The apex court, which declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new mayor of the union territory by setting aside the January 30 poll result, said Masih had put marks on eight ballot papers to create a ground for treating them as invalidly cast.

“That apart, it is evident that the presiding officer (Masih) is guilty of serious misdemeanour in doing what he did in his role and capacity as a presiding officer,” a bench headed by Chief Justice D Y Chandrachud said.

The bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, directed the registrar (judicial) of the apex court to issue a notice to Masih to show cause as to why proceedings should not be initiated against him under section 340 of the Code of Criminal Procedure for allegedly making false statement before the court.

It said he can file his response to the notice and the matter would be taken up after three weeks.

In its verdict, the Supreme Court bench said Masih’s conduct as the presiding officer has to be deprecated at two levels.

“Firstly, by his conduct he has unlawfully altered the course of the mayoral election… Secondly, in making a solemn statement before this court on February 19, the presiding officer expressed falsehood for which he must be held accountable,” the bench said.

It said as a returning officer, Masih could not have been unmindful of the consequences of making such a statement before the court. The bench noted that before recording Masih’s statement during the hearing on Monday, the court had placed him on notice about the serious consequences if he was found to have made an incorrect statement.

The BJP had won the Chandigarh mayoral polls on January 30 defeating the comfortably placed AAP-Congress alliance candidate after the returning officer declared as invalid eight votes of the coalition partners, drawing accusations of tampering with ballots.

Manoj Sonkar of the BJP defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. Sonkar, however, resigned subsequently, while three AAP councillors defected to the BJP.

In its verdict, the bench observed that Masih had made a deliberate effort to deface eight ballots which were cast in favour of Kumar to secure a result in which Sonkar would be declared as an elected candidate.

“During the course of these proceedings, for the above reasons, we have come to the conclusion that the result which was declared by the presiding officer is clearly contrary to law and will have to be set aside. We order accordingly,” it said.

The bench observed that votes in the eight ballot papers, which were invalidated by Masih, were duly cast in favour of Kumar.

It said that as the returning officer, Masih had clearly acted beyond the term of his remit under the statutory regulations.

“We accordingly order and direct that the result of the election as declared by the presiding officer stands quashed and set aside. The petitioner (Kumar) is declared to be the validly elected candidate for election as mayor of the Chandigarh Municipal Corporation,” the bench said.

It referred to Masih’s statement made before the court on Monday in which he had stated that besides signing the ballot papers, he had put ‘X’ mark at eight ballot papers during the course of counting of votes to identify them as defaced.

The bench, which perused the ballot papers during the hearing and also saw the video recording of counting process, said none of these ballot papers were defaced as claimed by Masih.

Masih, a nominated municipal councillor, is a member of the BJP’s minority wing and has been associated with the party since 2015 and has been seen attending party events. He was nominated as a councillor in the Chandigarh civic body in October 2022.

Masih, who acted as the returning officer on January 30 mayoral polls, studied at a government school in the union territory and did his graduation from the DAV college there.

Filed Under: India, News & Politics

Chandigarh mayoral poll: SC orders criminal prosecution of returning officer Anil Masih

February 21, 2024 by Nasheman

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Chandigarh mayoral poll: SC orders criminal prosecution of returning officer Anil Masih
Returning officer of the Chandigarh mayoral polls Anil Masih

New Delhi: Returning officer of the Chandigarh mayoral polls Anil Masih on Tuesday faced the wrath of the Supreme Court which ordered his criminal prosecution for allegedly giving false statement before it and his “misdemeanour” during the counting of votes.

The apex court, which declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new mayor of the union territory by setting aside the January 30 poll result, said Masih had put marks on eight ballot papers to create a ground for treating them as invalidly cast.

“That apart, it is evident that the presiding officer (Masih) is guilty of serious misdemeanour in doing what he did in his role and capacity as a presiding officer,” a bench headed by Chief Justice D Y Chandrachud said.

The bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, directed the registrar (judicial) of the apex court to issue a notice to Masih to show cause as to why proceedings should not be initiated against him under section 340 of the Code of Criminal Procedure for allegedly making false statement before the court.

It said he can file his response to the notice and the matter would be taken up after three weeks.

In its verdict, the Supreme Court bench said Masih’s conduct as the presiding officer has to be deprecated at two levels.

“Firstly, by his conduct he has unlawfully altered the course of the mayoral election… Secondly, in making a solemn statement before this court on February 19, the presiding officer expressed falsehood for which he must be held accountable,” the bench said.

It said as a returning officer, Masih could not have been unmindful of the consequences of making such a statement before the court. The bench noted that before recording Masih’s statement during the hearing on Monday, the court had placed him on notice about the serious consequences if he was found to have made an incorrect statement.

The BJP had won the Chandigarh mayoral polls on January 30 defeating the comfortably placed AAP-Congress alliance candidate after the returning officer declared as invalid eight votes of the coalition partners, drawing accusations of tampering with ballots.

Manoj Sonkar of the BJP defeated Kuldeep Kumar after polling 16 votes against his rival’s 12 to bag the mayor’s post. Sonkar, however, resigned subsequently, while three AAP councillors defected to the BJP.

In its verdict, the bench observed that Masih had made a deliberate effort to deface eight ballots which were cast in favour of Kumar to secure a result in which Sonkar would be declared as an elected candidate.

“During the course of these proceedings, for the above reasons, we have come to the conclusion that the result which was declared by the presiding officer is clearly contrary to law and will have to be set aside. We order accordingly,” it said.

The bench observed that votes in the eight ballot papers, which were invalidated by Masih, were duly cast in favour of Kumar.

It said that as the returning officer, Masih had clearly acted beyond the term of his remit under the statutory regulations.

“We accordingly order and direct that the result of the election as declared by the presiding officer stands quashed and set aside. The petitioner (Kumar) is declared to be the validly elected candidate for election as mayor of the Chandigarh Municipal Corporation,” the bench said.

It referred to Masih’s statement made before the court on Monday in which he had stated that besides signing the ballot papers, he had put ‘X’ mark at eight ballot papers during the course of counting of votes to identify them as defaced.

The bench, which perused the ballot papers during the hearing and also saw the video recording of counting process, said none of these ballot papers were defaced as claimed by Masih.

Masih, a nominated municipal councillor, is a member of the BJP’s minority wing and has been associated with the party since 2015 and has been seen attending party events. He was nominated as a councillor in the Chandigarh civic body in October 2022.

Masih, who acted as the returning officer on January 30 mayoral polls, studied at a government school in the union territory and did his graduation from the DAV college there.

Filed Under: ELECTION, India

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