P. T. ASHA
T. Senguttuvan – Appellant
Versus
K. Ashokkumar – Respondent
JUDGMENT :
(Prayer: Application is filed to direct the Registrar to scrutinise the postal ballots which is under the safe custody of this Court.)
1. This application has been filed to appoint a Registrar to scrutinise the 605 rejected postal ballot votes, which have been marked collectively as Ex.C.4. This exercise is sought to be undertaken to examine,
(ii) If so, whether the reasons are factually correct?
(iii) Whether the reasons recorded tallies with the reasons given in Ex.C.3.
(iv) Compare 605 rejected postal ballot votes with the 750 postal ballot votes (Ex.C.5) polled in favour of the 1st respondent to ascertain whether the Returning Officer had adopted standard method and thereafter filed a report to the Court.
2. In the affidavit filed in support of the said application, the applicant has given reasons for the said request which is herein below set out point wise:
(b) Despite the request of the ap
Arikala Narasa Reddy Vs. Venkata Ram Reddy Reddygari and another
Bhabi Vs. Sheo Govind and Others
I.Vikheshe Sema Vs. Hokishe Sema
The main legal point established in the judgment is the strict adherence to election laws, the importance of maintaining the secrecy of the ballot, and the need for clear and specific allegations sup....
An election petition must contain material facts; vague allegations without substantiation lead to dismissal.
Election petitions must substantiate claims of irregularities with evidence; mere allegations do not warrant recount.
Recounting of votes is permissible when a prima facie case is established, supported by clear allegations of irregularities and corroborating evidence, despite the need for maintaining ballot secrecy....
The judgment established the principle that a high standard of proof is required for ordering a recount of votes in election disputes, and emphasized the need for a prima facie case with substantial ....
Improper rejection of postal ballots due to polling officers' mistakes cannot be attributed to voters, affecting election results.
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.
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