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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA
Kamal Patel S/o Shri Bhagwan Patel – Appellant
Versus
State Of Madhya Pradesh Collector Distt. Dewas (Madhya Pradesh) – Respondent
ORDER :
The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved order dated 13.01.2023 (Annexure P/1) in Case No.01/A-89(21)/2022-23 passed by the Sub Divisional Officer (Revenue), Sub Division, Sonkatch, District Dewas (M.P.) as Specified Officer under Section 122 of Madhya Pradesh Panchayat Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Panchayat Act) directing recounting of the votes of all the Polling Centers of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.) within three days and sent report to the Court.
2. The facts of the case in short are, as under: -
2.1 The Petitioner (Kamal Singh S/o Bhagwan Patel), respondent No.4 (Dheeraj Singh S/o Laxmichandra), Rakesh Kumar S/o Hajarilal and Sohanlal S/o Ramcharan Patel contested the panchayat election for the post of Sarpanch of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.). Four Polling Centers No.52, 53, 54 and 55 were established for the purpose of voting in the election.
2.2 The voters of Gram Panchayat casted the votes and on the same day i.e. 01.07.2022, they were counted; and Form No.17 under Rule 84 of MADHYA PRADESH
The election for Sarpanch was declared void due to procedural violations and manipulation in vote counting, emphasizing the necessity of following established electoral processes.
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The Court emphasized the limitation of objections to the vote counting process, affirming that failure to raise timely objections precludes recount requests.
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 result cannot be set aside for procedural errors unless they materially affect the outcome or are proven to be corrupt.
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....
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
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