Announcing its verdict in Chandigarh mayoral polls case, the Supreme Court concluded that presiding officer Anil Maish tampered the ballots.
"It is evident that in each of the 8 ballots, that the vote has been duly cast in favour of the petitioner. The Presiding Officer has evidently put his own mark for the purpose of treating the ballot as invalid," the court said.
The court said the officer acted beyond his remit of statutory regulations and is guilty of misdemeanour. The bench said that besides election malpractice, Masih lied before the court for which he must be held accountable.
"The conduct of the presiding officer has to be deprecated at two levels. Firstly, he has unlawfully altered the course of Mayoral election. Secondly, in making a solemn statement before this Court on 19 Feb, the presiding officer expressed falsehood for which he must be held accountable," said the court.
"A fit case is made out for the initiation of proceedings under Section 340 CrPC against Anil Masih. Registrar Judicial is directed to issue a notice to Anil Masih, to show cause as to why steps should not be initiated against him under Section 340 CrPC," the court said.
In case the officer is charged for perjury for lying before the top court, as per Indian laws, he could face a punishment of imprisonment up to seven years.