NEW DELHI: Anil Masih, the former returning officer in the Chandigarh mayoral polls tendered an unconditional apology to the Supreme Court , on Friday in connection with his alleged role in defacing ballot papers.
"We have tendered an unconditional apology in the matter. He (Masih) will withdraw the first affidavit and surrender to the magnanimity of this court. This is an unconditional apology," Mukul Rohatgi, senior lawyer and former Attorney General (AG) of India, appearing for Masih, told the three-judge bench of the top court led by CJI Dr D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
Masih came under the Supreme Court scanner for allegedly defacing 8 ballots in the Chandigarh mayoral polls, as it slammed him for his misconsuct.
After going through the unconditional apology of Masih, the top court noted it into the record and fixed the matter for further hearing to second week of July.
On February 20, the Supreme Court had in its order quashed the election result declared by Masih and ordered the AAP Candidate, Kuldeep Kumar, to be the winner of the Chandigarh mayoral polls.
The Supreme Court, while issuing show cause notice to Masih, had observed that he had deliberately defaced ballots voted in favour of Aam Aadmi Party's Kuldeep Kumar.
While allowing the appeal of Kumar, the CJI said, 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 (Manoj Sonkar of BJP) will be declared as the elected candidate.
The SC also in its order slammed Masih for his miscoduct in the case, and noted democracy was thwarted at the grassroots, that too, by misusing the office of the Returning Officer to change the course of the mayoral election results.
The apex court in its order had said that the conduct of Masih, has to be deprecated.
The councillor of the defeated AAP, Kumar had knocked the doors of the Supreme Court on February 01, challenging the Punjab and Haryana High Court order refusing to grant any interim relief to the party seeking fresh mayoral polls in Chandigarh.
BJP’s Manoj Sonkar was elected as the Mayor on January 30, after he bagged 16 votes against the 12 votes received by the Congress-AAP candidate, Kumar.
Kumar, a candidate for the mayor's post had lost the polls alleging that the BJP won the election after one-fourth of the votes were scrapped.
Kumar and the AAP had alleged that the BJP had tampered with ballot papers and sought fresh polls under the supervision of a retired judge of the court.
The Punjab Haryana HC, had earlier issued a notice after hearing the plea of Kumar, to the Chandigarh administration and sought its response within three weeks.
Kumar had moved the Supreme Court pleading for a direction for immediate stay on the election result in which a Bharatiya Janata Party (BJP) candidate was declared elected as Mayor of Chandigarh Municipal Corporation.
Kumar in his petition alleged fraud in BJP’s win and forgery in rejection of the eight votes.
Senior advocate Mukul Rohatgi, appearing for Masih, told a three-judge bench headed by Chief Justice D Y Chandrachud that he has tendered an apology which is completely unconditional.
"I have advised him to withdraw the first affidavit and surrender to my lords magnanimity. That's my respectful submission," Rohatgi said.
Senior advocate Abhishek Singhvi, appearing for Kumar, opposed the apology.
The bench adjourned the matter until July 23 for further consideration.
(With inputs from PTI)
