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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Manjulata Samantaray – Appellant
Versus
Election Officer-Cum-Bdo, – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner assailing the impugned order dated 2nd January, 2025 as at Annexure-1 passed in connection with Election Appeal No.01 of 2024 by the learned District Judge, Kendrapara, whereby, the decision dated 12th September, 2023 in Election Misc. Case No.11 of 2022 of learned Election Tribunal-cum-Civil Judge (Junior Division), Kendrapara disallowing recounting of votes at the behest of opposite party No.2 was set aside on the grounds inter alia that such inspection/recount of votes could not have been directed in the facts and circumstances of the case and for being not in accordance with law.
2. In fact, opposite party No.2 questioned the election of the petitioner on various grounds including rejection of valid votes. The details of the plea advanced by opposite party No.2 have been pleaded in the election petition, a copy of which is at Annexure-2. The election of the petitioner has been challenged seeking a declaration in favour of opposite party No.2 as duly elected Sarpanch of Mangalpur Gram Panchayat under Mahakalapada Panchayat Samiti with a direction to the Election Officer to cause production of the vote
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 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.
The main legal point established in the judgment is the requirement for clear and specific allegations supported by material facts before allowing inspection of ballot papers and granting a recount. ....
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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.
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 ....
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.
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