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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Kehkashan – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. petitioner challenges election result and recounting order. (Para 2 , 3 , 4 , 5) |
| 2. supreme court's intervention in recounting process. (Para 6 , 7 , 8 , 9 , 10) |
| 3. objections raised regarding invalid votes. (Para 11 , 12 , 13) |
| 4. arguments on validity of specific ballot papers. (Para 14 , 15 , 16 , 17) |
| 5. court's analysis of election rules and ballot validity. (Para 18 , 19 , 20) |
| 6. court's reasoning on invalid votes and electoral fairness. (Para 21 , 22 , 23) |
| 7. legal principles governing ballot marking and counting. (Para 24 , 25 , 26 , 27) |
| 8. court's rationale on the necessity of using prescribed instruments. (Para 28 , 29 , 30 , 31) |
| 9. court's decision on ballot papers with multiple markings. (Para 32 , 33 , 34) |
| 10. final determination of valid and invalid votes. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 11. final ruling declaring the election outcome. (Para 51 , 52) |
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Imtiaz Husain, learned counsel for petitioner and Sri Navin Sinha, learned Senior Advocate assisted by Sri R.P.S. Chauhan, learned counsel for respondent no. 4 and lear
The court affirmed that only marks made with the supplied instruments are valid for voting, reaffirming the mandatory nature of election rules to ensure fairness and secrecy in elections.
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
The court emphasized the importance of adhering to the specific invalidity criteria for ballots as outlined in the election rules, reinforcing the Presiding Officer's authority in determining vote va....
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.
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