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ALKA SARIN
Sadhu Singh – Appellant
Versus
Sub Divisional Magistrate-cum-presiding Officer – Respondent
JUDGMENT
Alka Sarin, J. - The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.07.2022 (Annexure P-5) passed by respondent No.1, whereby the election petition filed by respondent No.5 has been allowed and a Committee has been constituted for recounting the votes.
1. The brief facts relevant to the present lis are that in December 2018 the petitioner as well as respondent Nos.4 and 5 filed their nominations for the post of Sarpanch for Gram Panchayat Singpura, Tehsil Kharar, District SAS Nagar. The polling was held on 30.12.2018 and the petitioner was declared elected. In January 2019 the respondent No.5 filed an election petition (Annexure P-1) before respondent No.1 challenging the election of the petitioner as Sarpanch of Gram Panchayat Singpura. Vide impugned order dated 20.07.2022 respondent No.1 accepted the election petition filed by respondent No.5 and constituted a Committee for recounting the votes. Hence, the present revision petition.
2. In view of the submissions made by the learned counsel, the records were summoned on 28.07.2022 after hearing both the counsel for the parties. Before this Court ar
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....
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.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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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