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UMESH A. TRIVEDI, SAMIR J. DAVE
Kiritsinh Jambha Rana – Appellant
Versus
Harpalsinh Ghanshyamsinh Rana – Respondent
| Table of Content |
|---|
| 1. challenge to election based on voting irregularities. (Para 1 , 2 , 3) |
| 2. arguments on invalidation of votes cast. (Para 4) |
| 3. petitioner's argument against cancellation of votes. (Para 5) |
| 4. respondent's defense citing election rules. (Para 6 , 7) |
| 5. rules governing postal voting clarified. (Para 10 , 14) |
| 6. discussion on compliance with election rules. (Para 11 , 19) |
| 7. court's assessment of evidence and legal argument. (Para 12 , 13) |
| 8. prohibition against on-duty voters voting at polling stations. (Para 15 , 16) |
| 9. court rules on the impact of identified votes. (Para 17 , 18) |
| 10. final decision to reject petition and maintain election result. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
(Umesh A. Trivedi, J.)
[1] This Petition, under Articles 226 and 227 of the Constitution of India, is filed by the petitioner herein, who was respondent in the Election Petition No.1 of 2022, challenging the decision dated 06.02.2023 rendered by Principal Civil Judge, Lakhtar, whereby he allowed the same directing to cancel two votes cast by Manharsinh Nagubha Rana, Voter No.40 of Ward No.4 and Khumansinh Nagubha Zala, Voter No.64 of Ward No.6, on the ground that though they were issued post
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
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.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
The finality of the electoral roll and the inability to challenge its validity in an election petition.
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.
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....
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