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DEVASHIS BARUAH
Shibani Barman W/o. Shri Pradip Barman – Appellant
Versus
Archana Pathak – Respondent
JUDGMENT :
The instant wit petition has been filed assailing the order dated 03.03.2021 passed in Misc. (Election) Case No.5/2019 whereby the election of the Petitioner as a Member of Anchalik Panchayat of No. 8 Gobardhana Anchalik Panchayat was set aside and the Respondent No. 1 herein was declared elected as the Member of the No. 8 Gobardhana Anchalik Panchayat from the area of 96 No. Pachim Howly Gaon Panchayat.
2. The facts in brief is that the Petitioner herein contested the Panchayat Election 2017-18 for Anchalik Panchayat Member of No. 8 Gobardhana Anchalik Panchayat from No. 96 Pachim Howly Gaon Panchayat constituency in Barpeta District as a nominated candidate of the Asom Gana Parishad (for short ‘AGP’). The Respondent No. 1 herein had also contested the said election as the nominated candidate of Bharatiya Janata Party (for short ‘BJP’). There was no other candidate other than the Petitioner and the Respondent No. 1 to the said election for Anchalik Panchayat Member of No. 8 Gobardhana Anchalik Panchayat. The polling for the said election was held on 09.12.2018. The votes were counted on 12.12.2018 and 13.12.2018 in the premises of M.C. College, Barpeta. During the said co
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 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 demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
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....
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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