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ABDUL MOIN
Abaad Ali – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. writ petition for election misconduct (Para 1 , 2 , 3) |
| 2. arguments against election tribunal's order (Para 4 , 6 , 10 , 14 , 16) |
| 3. conclusion of the judgment dismissing the petition (Para 5 , 11 , 15) |
| 4. court's analysis on election tribunal's findings (Para 7 , 8 , 9 , 12 , 13 , 17 , 19) |
| 5. legal standards for recount of votes (Para 18 , 20) |
JUDGMENT
Abdul Moin, J.
Heard learned counsel for the petitioner, Dr. Udaiveer Singh, learned Additional Chief Standing counsel appearing for the State-respondents and Sri Gyanendra Mishra, learned counsel appearing for the respondent no. 5.
2. Instant petition has been filed praying for the following main reliefs:-
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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....
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.
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
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