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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Roopa Tiwari W/o Shri Dilip Tiwari – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition filed under article 226 challenging election order. (Para 1) |
| 2. arguments against validity of recount order. (Para 2 , 3 , 4 , 5 , 6) |
| 3. discussion on the legality of revision orders. (Para 7 , 8 , 9) |
| 4. adherence to mandatory procedure in trial. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. legal standards for recounting votes. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. order set aside; election petition to be decided on merits. (Para 27) |
ORDER :
The present petition has been filed under Article 226 of the Constitution of India arising out of the order dated 28.8.2023 (Annexure P3) passed by the Election Tribunal of Collector, Distt. Sidhi (MP), whereby the election petition of the respondent No.5 challenging election of the petitioner as a member of Janpad Panchayat Majholi, Distt. Sidhi, has been allowed by ordering recount of votes. The order annexure P-5 dated 15.9.2023 rejecting revision against the said order has also been put to challenge whereby the Commissioner has rejected the Revision on the ground of the same being not maintainable.
2. The learned senior counsel appearing for the petitioner has contended that the Collector has wrongly pa
Election recounts must adhere to procedural rules; evidence requirements are essential, and judicial review emphasizes strict adherence to pleadings.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
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 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 adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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