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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ATUL SHREEDHARAN, PRADEEP MITTAL
Kiran Pidiha – Appellant
Versus
Sub Divisional Officer (Revenue) – Respondent
| Table of Content |
|---|
| 1. challenging of election order legality (Para 1 , 2) |
| 2. details of election disputes (Para 3 , 4) |
| 3. key issues identified for resolution (Para 5 , 6 , 7 , 8 , 9) |
| 4. burden of proof on election petitioner (Para 10 , 11 , 12 , 13) |
| 5. validity of affidavit evidence (Para 14 , 15 , 16) |
| 6. issues around count slips and procedural violations (Para 17 , 18) |
| 7. impermissible recounting procedures (Para 19 , 20) |
| 8. evidences from returning officer's testimonies (Para 21 , 22) |
| 9. regulations on election counting slips and forms (Para 23 , 24 , 25 , 26) |
| 10. clerical errors in counting slips' formats (Para 27 , 28) |
| 11. recounting circumstances defined in law (Para 29 , 30) |
| 12. supreme court's stance on recounts (Para 31 , 32 , 33 , 34 , 35) |
| 13. procedural compliance in recount requests (Para 36 , 37 , 38 , 39) |
| 14. final adjudication on election results (Para 40 , 41) |
ORDER :
Pradeep Mittal, J.
This Appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth of appeal) Adniyam, 2005 has been filed against the impugned Order dated 07.05.2024 passed by the learned Single Judge in writ petition no 7755/2024, whereby writ petition has been dismissed confirming the order pas
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.
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.
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.
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
The court affirmed that recounting of votes is justified when evidence suggests irregularities in the election process, validating the necessity of thorough examination of all ballots.
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.
Recounting of votes is permissible when a prima facie case is established, supported by clear allegations of irregularities and corroborating evidence, despite the need for maintaining ballot secrecy....
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