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PARTH PRATEEM SAHU
Sewathi Bai, W/o. Nakul Sahu – Appellant
Versus
State of Chhattisgarh Through the Secretary, Department of Panchayat and Social Welfare, Mantralaya – Respondent
ORDER :
Parth Prateem Sahu, J.
1. The petitioner has filed this writ petition seeking following reliefs:-
10.2 That, the Hon’ble Court may kindly be pleased to issue appropriate direction/writ/order setting-aside the order dated 25.03.2022 (Annexure P/1) passed by the Election Tribunal presided by the Respondent No. 3 in Case No. 48/B-121/2019-20 and further, be pleased to set-aside all the subsequent proceedings thereto.
10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate.”
2. The petitioner has filed this writ petition challenging the legality and sustainability of the order dated 25.03.2022 (Annexure P/1) passed by the Respondent No. 3/Sub-Divisional Officer (R), Rajnandgaon in an election petition filed by the Respondent No. 5 under Section 122 of the Chhattisgarh Panchayati Raj Adhiniyam, 1993 (hereinafter for brevity referred to as the Adhiniyam, 1993).
3. The facts relevant for disposal of this writ petition are that the petitioner and the Respondents No. 5 to 10 contested the election of Sarpanc
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
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.
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
An order for recount does not dispose of the election application finally, and the burden of proof rests on the election petitioner to establish irregularity or illegality in the original counting of....
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....
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