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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.Devdas
K.S Manjunath Gowda, S/O Sonnappa – Appellant
Versus
K.Y.Nanje Gowda, S/O Yellegowda – Respondent
JUDGMENT :
R DEVDAS, J.
This Election petition is filed under Section 81 of the Representation of People Act , 1950, read with Rule 4 of the Karnataka Election Petition Rules, where the petitioner has raised a challenge to the election of the first respondent as the winning candidate of Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149), during the Elections held in May 2023.
2. The petitioner has sought the election of respondent No.1 to be declared as void under Section 100(1)(d)(i) to (iv) of Representation of People Act , 1951 (hereinafter referred to as, ‘the R.P.Act’, for short) and to declare the petitioner as the elected candidate. The petitioner has sought for recounting of votes and to declare the petitioner as having been elected on the basis of the votes secured by him or in the alternative, on the basis of the results of the recount, declare the petitioner as the elected candidate.
3. On the basis of the pleadings, this Court framed the following:
:: ISSUES ::
(1) Whether the petitioner proves that the Returning Officer has violated Rule 66-A of the Conduct of Election Rules , 1961 and procedure prescribed in the Hand Book for the Returning
The court determined that lack of video recording verification and procedural violations necessitate a recount to ensure election integrity.
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
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 ....
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.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
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.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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