Masih, the returning officer for the Chandigarh mayoral election whose result was overturned by the Supreme Court in February, on Friday tendered an unconditional apology to the apex court for his conduct. He had faced the wrath of the Supreme Court which ordered his criminal prosecution for allegedly making a false statement before it and his «misdemeanour» during the counting of votes.
Masih said he would withdraw the earlier affidavit which stated that he was reeling under depression and anxiety and wherein he denied allegations of tampering with ballots.
«A purported video recording of the election process was leaked online on January 31. Thereafter, the respondent (Masih) was subjected to incessant criticism, name-calling and ad hominems by members of political parties as well as social media. This put the respondent, including his family members, under immense mental trauma and stress,» he had said in the affidavit.
He stated that his «privacy and mental health was intruded upon» due to the media coverage and reportage during the period preceding his appearance in court.
The apex court, which in February declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new mayor of the union territory while setting aside the January 30 poll result, had said Masih had put marks on eight ballot papers to create a ground for treating them as invalidly cast.
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