Back
VISHAL DHAGAT
Pradeep Kumar Rai – Appellant
Versus
Returning Officer Panchayat – Respondent
JUDGMENT
1. Petitioner has filed this writ petition under Article 226 of Constitution of India challenging order dtd. 22/2/2023 contained in Annexure-P/11.
2. By impugned order, election petition filed under Sec. 122 of Madhya Pradesh Panchayat Raj Awam Gram Swaraj Adhiniyam, 1993 was allowed and direction was issued for recounting of votes on 16/3/2023 from 12 pm. Recounting is to be done in respect of polling Center No.211.
3. Counsel appearing for petitioner submitted that recounting was ordered only on ground that there is difference of two votes between winning candidate and runner up candidate. It is submitted that no finding has been given regarding any irregularity, misconduct, corrupt practices in it's order. Counsel for petitioner relied on judgment reported in 2007 3 JLJ 301 Sampat Devi (Smt.) Vs. Sub Divisional Officer-cum-Prescribed Authority Niwadi and others. In said case, it has been held that election tribunal is required to apply it's own mind to the pleadings and evidence brought on record to order recounting of votes. Thin margin of votes between two candidates cannot be sole ground for ordering recounting of votes.
4. Counsel appearing for respondents supported
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....
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 importance of maintaining secrecy of ballot and the need for specific and clear allegations supported by adequate statements of material facts ....
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.
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 necessity for a prima facie case to be established before ordering a recount of votes, and the requirement for adequate statement of material facts and contemporaneous evidence to support the all....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
