Returning Officer Anil Masih, who is also a member of the BJP's minority cell, while observing that he tampered with eight ballots that were polled in favour of the AAP candidate and thereby, declaring a BJP candidate, Manoj Kumar Sonkar, as winner. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra physically examined the ballot papers and found that they are not defaced. It directed that Kuldeep Kumar, the AAP candidate, be declared the Chandigarh Mayor with 20 votes (12 votes which he received and 8 which were for him and were defaced by Anil Masih).
“The eight votes which were treated as invalid by making those markings.. counting the eight votes for the petitioner will make him have 20 votes. We direct that the election result by the presiding officer is quashed.
The AAP candidate is declared to be the winner of the Chandigarh mayoral polls," CJI Chandrachud said. The Supreme Court has also ordered prosecution of Anil Masih for deliberately defacing the ballots and lying before the court. “Firstly, he has unlawfully altered the course of Mayoral election.
Secondly, in making a solemn statement before this Court on 19 February, the Presiding Officer expressed falsehood for which he must be held accountable," the Supreme Court said. Congress President Mallikarjun Kharge also attacked the BJP after the Supreme Court ruling and said all Indians must collectively fight the “onslaught on the Constitution". "The Supreme Court has saved Democracy from the fangs of an autocratic BJP, which resorted to dirty election manipulation.
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