Returning officer Anil Masih tenders unconditional apology in SC

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Returning officer Anil Masih tenders unconditional apology in SC



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 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.The apex court had earlier issued 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.Masih, a nominated BJP member of the civic body, is facing criminal proceedings for making a false statement that the ballots were invalid.In its verdict, the Supreme Court bench had 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 had said.It had 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 the court had placed him on notice about the serious consequences if he was found to have made an incorrect statement.Defeated AAP mayoral candidate Kuldeep Kumar had moved the top court challenging a Punjab and Haryana High Court order which refused to grant any interim relief to the party which sought a fresh poll.



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