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DINESH PATHAK
Poonam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Dinesh Pathak, J.-Heard Sri Shivnath Singh, learned Senior Advocate, assisted by Sri Satyam Singh, learned counsel for the petitioner, Sri Devesh Kumar Verma, learned counsel for the private respondent No. 5 as well as the learned Standing Counsel for the State-respondent Nos. 1 to 4 and perused the record on Board.
2. The petitioner is aggrieved with the order dated 20.3.2024 passed by Additional District and Sessions Judge (Court No. 19), Kanpur Nagar in Revision No. 97 of 2023, whereby a direction has been issued for recounting of ballot papers and to scrutinize three (3) invalid ballot papers allegedly cast in favour of respondent No. 5, reversing the order dated 2.3.2023 passed by Sub-Divisional Officer Sadar/Prescribed Authority rejecting the election petition filed by respondent No. 5 under Section 12(C) of U.P. Panchayat Raj Act, 1947 (in brevity 'Act 1947').
3. Facts culled out from the record are that in the panchayat election 2020-21, the present petitioner has been declared returned candidate on the post of Pradhan, Village-Pargahi Bangar, Vikas Khand-Kalyanpur, District-Kanpur Nagar. As per schedule, the election was held on 15.4.2021 and result after c
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
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 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 ....
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.
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.
An election petitioner must provide clear and substantial evidence of material irregularities to warrant a recount; mere procedural errors or small margin discrepancies are insufficient.
An order for recounting of votes must be based on a prima facie genuine need established by the Election Petitioner, and the Election Tribunal must give a positive finding as to how a prima facie cas....
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
The main legal point established in the judgment is the requirement for clear and specific allegations supported by material facts before allowing inspection of ballot papers and granting a recount. ....
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