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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Shahida Ahmed, W/O Muslim Uddin – Appellant
Versus
State Of Assam, Through The Principal Secretary – Respondent
| Table of Content |
|---|
| 1. cancellation of vote due to procedural issues. (Para 1 , 2 , 4) |
| 2. petitioners argue against the cancellation of vote. (Para 6 , 7 , 8) |
| 3. defendants maintain the integrity of voting secrecy. (Para 9 , 11 , 12) |
| 4. analysis of secrecy requirements under the law. (Para 13 , 14 , 16) |
| 5. interpretation of secrecy maintenance in the voting process. (Para 17 , 18) |
| 6. court's decision to restore the vote. (Para 19 , 20 , 21) |
| 7. final order issued by the court. (Para 22 , 23) |
JUDGMENT :
Sanjay Kumar Medhi, J.
The instant petition under Article 226 of the Constitution of India has been filed challenging a Speaking Order dated 30.08.2025, issued by the District Commissioner, Barpeta, whereby, the vote of the petitioner no. 2 qua the election to the post of President of the 91 No. Agmandia Jadavpur Gaon Panchayat (Gaon Panchayat) has been cancelled.
2. As per the facts projected, the two petitioners along with the respondent no. 7 are amongst the elected members of the aforesaid Gaon Panchayat. After the said election was held, there was a requirement to elect the President of the said Gaon Panchayat in which, the petitioner no. 1 and the respondent no. 7 had offered their candidatur
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.
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 court confirmed that allowing a subordinate to perform a ministerial act like tossing a coin does not violate the principle of non-delegation if essential functions are preserved.
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....
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