Back
HIGH COURT OF GUJARAT
UMESH A. TRIVEDI, CHEEKATI, JJ
Dineshbhai Ranchhodbhai Kapdi – Appellant
Versus
Harisinh Dunkhaji Zala – Respondent
JUDGMENT :
UMESH A. TRIVEDI, J.
1. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, challenging the order passed by Principal Civil Judge (Junior Division), Lakhni dated 02.03.2022 below Exhibit- 01 in Election Petition No. 2 of 2021, whereby Election Petition filed by the respondent No. 1 herein came to be allowed so far as recounting of votes is concerned, directing respondent No. 3 – Election Officer, Kuda Gram Panchayat, Taluka Development Office, Taluka: Lakhni, District: Banaskantha, to submit entire record with ballot papers pertaining to election of Sarpanch of Kuda Gram Panchayat within 7 days thereof.
2. After passing of the order, the petitioner herein, vide applicatin Exhibit-58 requested the Court to stay the impugned order till appeal period as he wanted to prefer appeal against that order. The learned Judge vide order of 02.03.2022 passed below Exhibit-58 stayed the same so far as it relates to recounting of votes. However, Court did not stay the order directing respondent No. 3 – Election Officer to produce the record pertaining to the election of Sarpanch along with ballot papers before the Court. Therefore, recounting
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
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.
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 ....
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
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
