New Delhi, Feb 17 (IANS): The Supreme Court is slated to hear on Monday the explanation of Returning Officer Anil Masih who had "defaced the ballots" in the Chandigarh mayoral polls.

As per the cause list published on the website of the apex court, a Bench presided over by Chief Justice of India (CJI), DY Chandrachud will hear the plea filed by INDIA bloc’s mayoral candidate Kuldeep Kumar on February 19.

Kumar had accused the Presiding Officer of resorting to fraud and forgery in the counting process.

Last week, the top court summoned the official in question to remain present before it on February 19 to explain his conduct.

"During the course of the hearing, the video has been played in court. The Returning Officer shall remain present before this court on the next date of listing to explain his conduct as it appears in the video," said the Supreme Court in an order passed on February 5.

After perusal of the CCTV footage given in the pen drive by senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) Councillor, CJI Chandrachud had orally observed: "This is a mockery of democracy. He is murdering democracy. Is this the behaviour of a Returning Officer, who looks at the camera and defaces the ballot? It is obvious that he defaced the ballots. This man has to be prosecuted.”

Deferring the February 7 meeting of the Corporation, the Supreme Court ordered that the entire record pertaining to the election, including ballot papers and videography footage would be sequestered under the custody of the Registrar General of the Punjab and Haryana High Court.

"Prima facie, at this stage, we are of the considered view that an appropriate interim order was warranted, which the High Court has failed to pass, in order to protect the purity and sanctity of the electoral process," it said.

The AAP and Congress’ joint candidate Kuldeep Kumar has petitioned the top court after the Punjab and Haryana High Court refused to stay the election results held on January 30, for the post of Mayor.

In his petition before the High Court, Kuldeep Kumar alleged complete departure of the practice and rules saying that the presiding officer refused to allow the nominees of parties to monitor the counting of votes.

He prayed for fresh elections in a free and fair manner under the supervision of a retired High Court judge.