Amarjit Singh vs Charanjit Singh - 2004 Supreme(SC) 31

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 31

S. H. KAPADIA
Amarjit Singh – Appellant
Versus
Charanjit Singh – Respondent

ORDER

It is not disputed that the polling had taken place by show of hands. It is also not disputed that the vote of Sher Singh, who cast his vote by show of hand for the respondent, was recorded and recorded votes were counted. Under such circumstances, the Presiding Officer could not have directed for re-poll in the garb of recounting of votes. We are of the view that the High Court has taken a correct decision.

2. Before concluding, we may usefully refer to Blackwell s Law of Meetings - 9th Edition, page 60. In common law voting at all meetings is by a show of hands. Voting by show of hands means counting the persons present who are entitled to vote and who choose to vote by holding up (raising) their hands. Any person having legal right to be present at the meeting may, at the conclusion of the voting, demand a poll and the Chairperson is the proper person to grant or refuse a poll which is in the nature of an appeal by one of the parties dissatisfied with the decision of the Chairperson upon the show of hands. In modern parliamentary usage a motion is carried by acclamation or by show of hands. The Chairman or the Presiding Officer asks those present to indicate their vote or c

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