K. MANMADHA RAO
Jetti Lakshmi – Appellant
Versus
Vykunta Padma Sree – Respondent
JUDGMENT
1. The present Civil Revision Petitions are filed against the common order dtd. 18/5/2023 passed in I.A No.369 of 2023 & I.A.No.368 of 2023 in E.P.No.01 of 2021 on the file of the Special Officer (Election Tribunal)-cum-Principal Junior Civil Judge, Ongole (for short "the Election Tribunal").
2. As the issue involved in both the civil revision petitions is one and the same, these matters are taken up together for disposal by this Common Order.
3. The present impugned I.A.No.368 of 2023 and I.A No.369 of 2023 were filed by the petitioner before the Election Tribunal against the respondents under Sec. 151 of Civil Procedure Code, 1908 seeking to reopen the matter and to grant permission to open the box which contains the Election material which is under the custody of the Tribunal in the presence of both the parties and their respective counsels to recount in order to ascertain about double casting of the votes, about the casting of the vote belonging to the person who is residing in Foreign country on the date of Election and other malpractices done by the 1st respondent with the support of respondents no.2 to 4.
4. Originally the petitioner filed the main Election OP questi
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....
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 judgment established the principle that a high standard of proof is required for ordering a recount of votes in election disputes, and emphasized the need for a prima facie case with substantial ....
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
The main legal point established in the judgment is the requirement for clear and specific allegations supported by material facts before allowing inspection of ballot papers and granting a recount. ....
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