1. Special Leave Petition — Sequestered ballot papers — Integrity of vote counting process. (Para 1 , 2 )
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2024 Supreme(SC) 358
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., J.B. PARDIWALA, MANOJ MISRA, JJ.
Kuldeep Kumar – Petitioner
Versus
U.T. Chandigarh & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 2998 of 2024
Decided On : 19-02-2024
Important Points
The court has the authority to ensure transparency and integrity of the electoral process by directing the production and inspection of sequestered ballot papers and related evidence.
Subject
Civil Law - Election Law
Headnote
Ballot Papers - Custody and Inspection - The court directed the production and inspection of sequestered ballot papers and the entire video of the counting of votes to ensure transparency and integrity of the electoral process.
Fact of the Case:
The ballot papers were sequestered under the custody of the Registrar General of the High Court following an interim order. The Returning Officer admitted to marking eight ballot papers during the vote counting due to defacement.
Finding of the Court:
The court directed the production and inspection of the sequestered ballot papers and the entire video of the vote counting to ensure transparency and integrity of the electoral process.
Issues: Custody and inspection of sequestered ballot papers, integrity of the electoral process
Ratio Decidendi: Transparency and integrity of the electoral process are paramount, and the court has the authority to direct the production and inspection of sequestered ballot papers and related evidence.
Final Decision: The court ordered the production and inspection of sequestered ballot papers and the entire video of the vote counting, and listed the Special Leave Petition for further hearing.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner: Dr. Abhishek Manu Singhvi, Sr. Adv., Mr. Gurminder Singh, Sr. Adv., Mr. Shadan Farasat, Adv., Mr. Talha Abdul Rahman, AOR, Mr. Amit Bhandari, Adv., Mr. Siddharth Seem, Adv., Mr. Abhishek Babbar, Adv., Mr. Harshit Anand, Adv., Mr. M. Shaz Khan, Adv., Mr. Adnan Yousuf, Adv., Mr. Ramanpreet Bara, Adv., Mr. Karman Singh, Adv.
For the Respondent: Mr. Maninder Singh, Sr. Adv., Ms. Bansuri Swaraj, Adv., Mr. Siddhesh Shirish Kotwal, AOR, Mr. Prateek Gupta, Adv., Ms. Ana Upadhyay, Adv., Ms. Manya Hasija, Adv., Mr. Tejasvi Gupta, Adv., Mr. Pawan Upadhyay, Adv., Mr. T.illayarasu, Adv., Ms. Ashita Chawla, Adv., Mr. Ajay Sabharwal, Adv., Mr. Rangasaran Mohan, Adv., Mr. Amarpal Singh Dua, Adv.
For the Petitioner: Dr. Abhishek Manu Singhvi, Sr. Adv., Mr. Gurminder Singh, Sr. Adv., Mr. Shadan Farasat, Adv., Mr. Talha Abdul Rahman, AOR, Mr. Amit Bhandari, Adv., Mr. Siddharth Seem, Adv., Mr. Abhishek Babbar, Adv., Mr. Harshit Anand, Adv., Mr. M. Shaz Khan, Adv., Mr. Adnan Yousuf, Adv., Mr. Ramanpreet Bara, Adv., Mr. Karman Singh, Adv.
For the Respondent: Mr. Maninder Singh, Sr. Adv., Ms. Bansuri Swaraj, Adv., Mr. Siddhesh Shirish Kotwal, AOR, Mr. Prateek Gupta, Adv., Ms. Ana Upadhyay, Adv., Ms. Manya Hasija, Adv., Mr. Tejasvi Gupta, Adv., Mr. Pawan Upadhyay, Adv., Mr. T.illayarasu, Adv., Ms. Ashita Chawla, Adv., Mr. Ajay Sabharwal, Adv., Mr. Rangasaran Mohan, Adv., Mr. Amarpal Singh Dua, Adv.
Table of Contents
2. Submission regarding the marking of defaced ballot papers during the counting process. (Para 2 )
3. Note of the Returning Officer's statement regarding the marking of defaced ballot papers. (Para 2 )
4. Direction for the production of sequestered ballot papers and counting videos before the court under judicial custody. (Para 3 , 4 , 5 , 6 )
5. Can the court order the production of sequestered election materials and counting videos in a Special Leave Petition?
Yes, the court may direct that sequestered ballot papers and the entire video of the counting of votes be produced before it by a nominated judicial officer. (Para 3 , 5 )
ORDER :
1. Mr Gurminder Singh, senior counsel apprised the Court that in pursuance of the interim order dated 05 February 2024, the ballot papers have been sequestered under the custody of the Registrar General of the High Court of Punjab and Haryana on 05 February 2024.
2. During the course of the hearing, the Returning Officer Mr Anil Masih is present before this Court. Responding to a query of the Court, Mr Masih stated that he had, besides signing the ballot papers, put his mark at eight ballot papers during the course of the counting of the votes. He states that he did so as he found that the ballot papers were defaced.
3. We direct that the ballot papers which have been placed in the custody of the Registrar General be produced before this Court at 2.00 pm on 20 February 2024 by a judicial officer to be nominated by the Registrar General for the purpose of transporting the ballot papers to this Court.
4. Proper security arrangements shall be made to ensure the safe transit of the judicial officer nominated by the Registrar General in pursuance of this Order. Arrangements shall also be made to secure proper preservation and custody of the ballot papers with the judicial officer.
5. The judicial officer shall also produce the entire video of the counting of the votes before the Returning Officer which took place on 30 January 2024.
6. List the Special Leave Petition at 2.00 pm on 20 February 2024.
