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SURESHWAR THAKUR, KULDEEP TIWARI
Jagdish Singh – Appellant
Versus
Election Tribunal-cum-Sub Divisional Magistrate, Budhlada – Respondent
| Table of Content |
|---|
| 1. election results and challenges. (Para 1 , 2) |
| 2. summary of election petition details. (Para 3 , 4) |
| 3. allegations of irregularities and misconduct. (Para 5 , 6 , 7 , 8 , 9) |
| 4. criteria for recounting votes established by precedent. (Para 10 , 11) |
| 5. court’s decision and order regarding the petition. (Para 12 , 13 , 14) |
JUDGMENT
Sureshwar Thakur, J.
The petitioner herein, and, co-respondent No. 6 one Amarjit Singh contested elections to the post of Sarpanch of Gram Panchayat Village Kulana, Tehsil Budhlada, District Mansa. The outcome of the elections to the said post, was that, 939 votes were polled in favour of the petitioner, whereas, 908 votes were polled in favour of co-respondent No. 6. Co-respondent No. 6 filed an Election Petition under Section 76 of the PUNJAB STATE ELECTION COMMISSION ACT , 1994, before the Punjab State Election Commission. Through the said election petition, co-respondent No. 6 challenged the outcome of the elections, as were held for voting to the office of the Sarpanch of Gram Panchayat village Kulana, Tehsil Budhlada, District Mansa. After completion of pleadings, and, upon subsequently thereto rather evidence becoming adduced by the con
.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
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 election for Sarpanch was declared void due to procedural violations and manipulation in vote counting, emphasizing the necessity of following established electoral processes.
Point of Law : Election Result – Challenged - Election petition had a jurisdictional error, therefore, the Tribunal was not justified to go into it as the very basis of exercising the jurisdiction wa....
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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