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KISHORE C. SANT
Ankush Arun Shinde – Appellant
Versus
Additional Commissioner – Respondent
| Table of Content |
|---|
| 1. elections conducted by secret ballot (Para 2) |
| 2. objections to election process raised post-results (Para 3 , 5 , 6) |
| 3. assessment of election integrity and secrecy (Para 4 , 7 , 8 , 9) |
| 4. interference by court on valid election results (Para 10) |
| 5. writ petition allowed (Para 11 , 12) |
ORDER :
Kishore C. Sant, J.
By way of this petition, the petitioners have challenged the judgment and order passed by the Additional Commissioner, Nashik dated 25.10.2021. The petitioners are the Sarpanch and Upsarpanch respectively.
2. The facts in short are that, the petitioners and respondent Nos. 3 to 11 got elected to the post of member of Grampanchayat. Meeting of the newly elected members was scheduled on 09.02.2021 to elect Sarpanch and Upsarpanch. In the meeting some of the members demanded voting by secret ballot. It is for that reason the Returning Officer decided to conduct the election by way of secret ballot. In the meeting the present petitioners and respondent Nos. 3 and 4 filled in nomination forms. The petitioner No. 2 and respondent No. 4 filled in nomination form to the post of Upsarpanch whereas, petitioner No. 1 and respondent No. 3 filled in nomination form to the po
The main legal point established in the judgment is the importance of following due procedure in secret ballot voting and the need for proper examination of disputed facts by the authorities.
Voting in no-confidence motions must adhere strictly to prescribed methods, such as secret ballots, without discretion from the Presiding Officer.
Election votes cannot be canceled based on presumptions; specific statutory grounds must be met, emphasizing the importance of relevant procedures and rules in election disputes.
The court emphasized the importance of adhering to the specific invalidity criteria for ballots as outlined in the election rules, reinforcing the Presiding Officer's authority in determining vote va....
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....
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
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