IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, JIYA LAL BHARDWAJ
Anu Rangta – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. final judgment and dismissal of the appeal. (Para 40) |
JUDGMENT :
G.S. Sandhawalia, C.J.
Consideration in the present Letters Patent Appeal is sought to the judgment passed by the learned Single Judge in CWP No.5245 of 2023 titled Ranju Vs. The State of H.P. and others, decided on 26.09.2025, filed by the elected candidate whose election has been set aside by recounting of the votes and holding that there was a difference of one vote between the present appellant, who was wrongly declared as a winning candidate. Resultantly, learned Single Judge set aside the order passed by the Authorized Officer-cum-Sub-Divisional Officer (Civil) Rohru, District Shimla, Himachal Pradesh dated 21.03.2022 and the order dated 06.05.2023, passed by the Deputy Commissioner, Shimla, District Shimla, Himachal Pradesh in appeal.
2. The reasons for interference by the learned Single Judge on the ground which he exercised the jurisdiction after taking a recount of the votes was that there was a consent as such given regarding the recounting of the votes by the counsel(s) and therefore, while placing reliance upon the judgment of the Apex Court in Civil Appeal No.10487 of 2025 titled Mohit Ku
The court affirmed that recounting of votes is justified when evidence suggests irregularities in the election process, validating the necessity of thorough examination of all ballots.
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 petitioner must provide clear and substantial evidence of material irregularities to warrant a recount; mere procedural errors or small margin discrepancies are insufficient.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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 election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
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