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SAURABH SHYAM SHAMSHERY
Suman Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The Court is sitting as a vacation Bench.
2. Heard Sri Sunil Kumar, learned counsel for petitioner and Sri Akhilesh Singh, Advocate for Respondent-3.
3. Present writ petition is arising out of an election petition filed by Respondent-3, a runner up candidate of election conducted for Village Pradhan of Village Panchayat Bharaul, Tehsil Sirsaganj, District Firozabad. Winning margin in election is eight votes.
4. Election petitioner (Respondent-3) filed an election petition under the provisions of Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act, 1947") on various grounds. Prescribed Authority under Act, 1947, after due service to all respondents, framed following issues :
2- D;k ernku izfdz;k ds nkSjku Mcy er okys ernkrkvksa }kjk nks&nks ckj ernku fd;k gS ;fn gka rks izHkko\
3- D;k erx.kuk ds nkSjku foi{kh laŒ1 dks ykHk ig¡pkus dh xjt ls xrx.kuk esa /kka/kuh dh xbZ Fkh ;fn gk¡ rks izHkko\
4- D;k pquko fiVh'ku esa of.kZr rF;ksa ds vk/kkj ij ;kph dh ;kfpdk Lohdkj fd;s tkus ;ksX; gS ;fn gk¡ rks izHkko\
5- D;k xzke iapk;r HkjkSy dh xrnkrk lwfp esa
The burden of proof rests on the election petitioner to establish irregularities in the counting of votes, and the order of recounting cannot be passed solely based on vague allegations without speci....
The main legal point established in the judgment is the importance of maintaining secrecy of ballot and the need for specific and clear allegations supported by adequate statements of material facts ....
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 order for recount does not dispose of the election application finally, and the burden of proof rests on the election petitioner to establish irregularity or illegality in the original counting of....
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.
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
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