It is a significant development on the eve of Lok Sabha general election 2024, especially only one day after the Congress President Mallikarjun Kharge warned of ‘last election’ if Narendra Modi becomes PM again. Modi government has already got a legislation passed in the Parliament of India regarding appointment of Election Commissioners of India, that kicked out Chief Justice of India from the appointment Committee, established executive’s dominance in matter of appointment, and made two Election Commissioners unprotected from removal.

All these have been done in a backdrop of EVM concerns. A research work found evidence of several irregularities in the pattern of the General Election 2019 suggesting either the election results underwent electoral manipulation or precise control of the ruling establishment under PM Narendra Modi. EVM concerns have cropped up again because the older Electronic Voting Machines (EVMs) are still in use in large number, new EVMs that come with Voter Verifiable Audit Trial (VVPAT) paper record are not comprehensive enough, all the VVPATs are not counted to match the actual votes polled.

INDIA alliance has passed a resolution expressing doubts on the integrity of the functioning of EVMs and demanded VVPAT slips be handed over to voters and its 100 per cent counting done later, so that people know their votes were not manipulated. Congress on behalf of INDIA bloc has sought appointment with the Election Commission of India, but its leaders alleged that ECI is not responding to their request.

Now come to Chandigarh, which is a Union Territory, directly under the Union Government led by PM Modi. The officials of Chandigarh Administration who were responsible for conducting the mayoral election were of Chandigarh (UT) cadre. The officials have first postponed the mayoral election scheduled on January 18 citing “law and order issues.”

One can recall, the Delhi mayoral election of the last year, which was postponed several times, because the BJP knew that they did not have enough votes to have their own mayor. Courts have to interfere and only then elections were held in which AAP candidate ultimately defeated the BJP candidate. It should also be noted that there are several states where BJP did not win the elections but manipulated to form their government and the winning parties were kept or pushed out of power, in utter disregard of the philosophy that winners should be allowed to govern. More than half a dozen governments were toppled in the last 10 years.

When the Chandigarh Administration postponed the mayoral election scheduled on January 18, the Punjab and Haryana High Court had to intervene and direct the Chandigarh Administration to conduct the poll and to ensure that “no ruckus takes place in or around the Municipal Corporation Office prior to or during or after the election process.” It was only after the direction election was scheduled again for January 30.

The mayoral election was to be held through ballot paper. One can just see how a conspiracy was hatched. The ballot papers have marks and spots. Presiding Officer Anil Masih, while denying the charges that he has tampered the ballots, has admitted that ballots have marks and spots. He said that members of AAP and Congress had requested the replacement of 11 ballots due to marks and spots.

One can see how rules are manipulated. A vote caste with marks and spots other than the mark-of-vote makes a ballot paper invalidated. Why should then a voter be supplied with invalid ballot paper in the first place? It was a shrewd move to supply invalid ballots when everybody knew that INDIA alliance has required number to have their own mayor. It was just a taking chances, if some of the voters just voted without first inspecting the very invalid ballots supplied to them. Where there were only 36 votes to be cast, 11 ballots were requested to be replaced is a very high incidence of supplying ballots with marks and spots that would enable officials to invalidate the votes cast.

Out of 36 total votes cast, 20 were in favour of INDIA bloc’s candidate, and 16 were in favour of BJP’s candidate. Obviously, without invalidating to votes cast in favour of INDIA bloc’s candidate there was no way of declaring BJP’s candidate winner.

Video evidence has surfaced that shows the presiding officer writing something on ballot papers, an act for which the presiding officer has no right. Thus, it amounted to tampering the ballot. Thereafter, the presiding officer declared 8 votes cast in favour of INDIA bloc’s invalid on account of other than mark-of-vote mark or spot. It reduced the votes in favour of INDIA bloc from actual 20 to only 12. AAP and Congress people then objected to it but presiding official left the scene after declaring BJP candidate winner who has bagged 16 votes.

AAP has said in their petition filed in the Punjab and Haryana High court that election was conducted in violation of its previous order. Petitioner said that the Presiding Officer “in most flimsy manner” declared that he did not want any assistance from the members nominated by the parties contesting the election and he will count the vote himself. It was also submitted that despite objections by the political party, the prescribed authority, ie Deputy Commissioner and Secretary of the House, did not interfere. The plea mentions that the two are officers of Haryana Cadre duly ruled by the BJP.

It was further submitted that there were three baskets in front of the Presiding Officer, one for the candidate of AAP, the other for the candidate of BJP, and the third for invalid votes. It is clear from the videography also that the Presiding Officer shuffled the casted votes from one basket to another basket only with a view to create a confusion during which he completely compromised the election process by forgery and tampering.”

Petitioner has sought setting aside the process of election “as the same is a result of complete fraud and forgery laid upon the democratic process,” and holding of fresh elections in a free and fair manner under the supervision of a retired High Court Judge.

The division bench comprised of Justice Sudhir Singh and Justice Harsh Bunger has issued notice to the Chandigarh Administration and Municipal Corporation on January 31, 2024 granting them three weeks’ time to respond but has refused to stay the election result.

The current episode of mayoral election in Chandigarh is a serious matter for the country in the given backdrop of general suspicions on Modi government in conducting free and fair election, both through legal and illegal strategies, opposition manpower and money power impaired, and their campaign disrupted through Central agencies in the name of taking legal actions such as raids, seizures, arrests, and summon. All of these have been accelerated as we have been reaching closer to the General election 2024. In this process, free and fair election is the suspect. (IPA Service)