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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
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 passed by the Specified Officer/Sub Divisional Officer, Raipur Karchuliyan, District Rewa directing for recounting of votes.
(2) The impugned order is challenged on the ground of that the order dated 07.05.2024 passed in writ petition no.7755/2024 is not in accordance with law and beyond the pleadings of respondent no 2. Respondent no. 2 has neither raised the issue regarding re- counting slip of polling booth Nos.191 & 192 nor the counting slip was issued in Form 17, as required under Rule 77(2) of Madhya Pradesh Panchayat (Election Petitions, Corrupt Practices and Disqualification of Membership) Rules, 1995, before the Election Tribunal or in writ petition. Order of the Sub Divisional Officer would clearly reveal that the direction for recounting of votes has been issued in a mechanical manner only on the ground that the objection has been raised regarding the vo
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 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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