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SANJAY KAROL, N. KOTISWAR SINGH
Vijay Bahadur – Appellant
Versus
Sunil Kumar – Respondent
JUDGMENT :
(Sanjay Karol, J.)
PRELUDE
| “At the bottom of all the tributes paid to democracy is the little man, walking into the little booth, with a little pencil, making a little cross on a little bit of paper—no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of that point.” - Winston Churchill - House of Commons, 31 October 1944 |
1. In the famous Gettysburg Address1[Abraham Lincoln Presidential Library and Museum- https://presidentlincoln.illinois.gov/gettysburg] delivered on 19th November, 1863, President Abraham Lincoln uttered possibly the best description of democracy there ever would be –
People, unquestionably, are at the center of this conception. The Indian Constitutional vision exemplifies this position. Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders. Each and every citizen, when it comes to choosing representatives in the p
The court emphasized that discrepancies in election vote counts and missing documents justify a recount to uphold electoral integrity.
The secrecy of the ballot is sacrosanct, and a recount of votes should only be ordered based on specific and proven allegations, following the prescribed procedure.
The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
Recounting of votes is permissible when a prima facie case is established, supported by clear allegations of irregularities and corroborating evidence, despite the need for maintaining ballot secrecy....
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
An election petitioner must provide clear and substantial evidence of material irregularities to warrant a recount; mere procedural errors or small margin discrepancies are insufficient.
An order for recounting of votes must be based on a prima facie genuine need established by the Election Petitioner, and the Election Tribunal must give a positive finding as to how a prima facie cas....
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