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PRAKASH PADIA
Qamar Alam – Appellant
Versus
Prescribed Authority/Sub Divisional Officer, Sadar – Respondent
JUDGMENT :
PRAKASH PADIA, J.
1. Heard Shri Siddharth Nandan, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1, 16 & 17 and Shri Rakesh Kumar, learned counsel for the contesting-respondent no. 2.
2. The present petition under Article 227 has been filed by the petitioner, challenging the order dated 4.11.2022 passed by the Sub-Divisional Magistrate, Amroha and the order dated 21.1.2023 passed by the Additional District & Session Judge/Fast Track Court No. 1, Amroha in Civil Revision No. 85 of 2022.
3. The facts as stated in the petition are that the State Government has notified the election of Gram Panchayat in different phase, according to which, the date of nomination in respect of the petitioner's Gram Panchayat, namely, Saintli was fixed as 7.4.2021. Total 15 candidates have submitted their nomination for the post of Gram Pradhan. After finalizing the nomination, symbols were allotted to them on 11.4.2021. The election of aforesaid Gram Panchayat was held on 19.4.2021.
4. It is further stated that the polling was conducted on three booths, i.e. Booth Nos. 323, 324 & 325. In all the aforesaid three booths, total voters were 1724 and 1439 votes wer
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over 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 ....
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
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