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MANISH CHOUDHURY
Manju Begum, W/o. Md. Baidullah Ali – Appellant
Versus
State of Assam, Represented by the Chief Secretary, Government of Assam – Respondent
JUDGMENT :
The instant writ petition under Article 226 of the Constitution of India have been instituted by the writ petitioner seeking a writ in the nature of certiorari/mandamus for setting aside and quashing of an order dated 06.12.2022 passed by the learned District Judge, Nalbari in the capacity of the Panchayat Election Tribunal in Election [P] Case no. 2/2019.
2. The relevant facts which are not in dispute, can be briefly stated as follows :-
In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination to contest for the post of President in 59 no. Mukalmua Narayanpur Gaon Panchayat from a recognized political party. The respondent no. 6 had also submitted her nomination to contest for the same post of President, 59 no. Mukalmua Narayanpur Gaon Panchayat from another recognized political party. Another candidate, Smti Sofran Begum was also in the fray as an independent candidate. The election was held on 09.12.2018 and the counting of votes was scheduled to take place on 12.12.2018. After the election was over, the Deputy Commissioner, Nalbari accordingly arranged for counting for votes on 12.12.2018. The counting of votes in respect of the e
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....
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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 petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
The necessity for a prima facie case to be established before ordering a recount of votes, and the requirement for adequate statement of material facts and contemporaneous evidence to support the all....
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