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SAUMITRA DAYAL SINGH
Shadab Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAUMITRA DAYAL SINGH, J.
1. Heard Sri Kartikeya Saran, alongwith Sri Tarun Pratap Singh, learned counsel for the petitioner, Sri Sanjay Goswami, learned Additional Chief Standing Counsel for the State-respondents and Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Birendra Singh, learned counsel for the private respondents.
2. Present writ petition has been filed against the order dated 13.05.2022 passed by the Election Tribunal/SDM Baberu on the election petition filed under Section 12-C of the UP Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'), the Case No. 01302 of 2021 (Afsari Khatoon vs. State Election Commission and Others).
3. Precisely, the challenge raised by the petitioner is, the Election Tribunal has passed an omnibus order providing for recounting of votes cast in the election for the Gram Pradhan of Gram Hardauli, Tehsil-Baberu, District-Banda. In absence of any specific pleadings made in the election petition (copy of which has been annexed to the writ petition), to allege any ground that may have warranted an order of recounting
The main legal point established is that specific facts must be pleaded and proven to warrant recounting of votes, and the decision to allow recounting is based on the evidence presented in accordanc....
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....
A recount can only be ordered when specific allegations of counting irregularities are proven with supporting evidence, prioritizing electoral integrity over secrecy.
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 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 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.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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