Dharmin Bai Kashyap vs. Babli Sahu & Others (2023) - The Supreme Court emphasized the importance of strictly following established legal procedures during recounting and election-related processes. The Court upheld that procedural compliance is mandatory and any deviation can lead to quashing of orders or decisions (Vijayalakshmi vs Mohammed Bilal - Madras, Seeta Thakur Wd/o Ramesh Kumar Thakur vs State of Chhattisgarh Through Secretary, Co-Operative Societies, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar Chhattisgarh District Raipur Chhattisgarh. - Chhattisgarh, SMT. NARMADABAI vs STATE OF M.P. THROUGH SECRETARY AND OTHERS - Madhya Pradesh, K. Suresh vs The Union of India represented by the Secretary to Government, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training North Block, New Delhi - Central Administrative Tribunal).
Recounting of Votes - The case involved recounting of votes where the Court noted that the recount process was conducted without calling independent witnesses, raising questions about procedural fairness. Despite a slight change in vote counts, the Court upheld the election result, aligning with the principle that recounts should adhere to the law (Babli Sahu W/o Shri Kishun Sahu VS State Of Chhattisgarh - Chhattisgarh).
Judicial Precedent and Legal Principles - The judgment in this case aligns with prior rulings that procedural irregularities, if not challenged, do not necessarily invalidate election results, but adherence to proper procedures is crucial for maintaining the integrity of electoral processes (SMT. NARMADABAI vs STATE OF M.P. THROUGH SECRETARY AND OTHERS - Madhya Pradesh, Vijayalakshmi vs Mohammed Bilal - Madras, K. Suresh vs The Union of India represented by the Secretary to Government, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training North Block, New Delhi - Central Administrative Tribunal).
Analysis and Conclusion:
The case of Dharmin Bai Kashyap underscores the Supreme Court's stance on the necessity of following established legal procedures during election recounts and related processes. While minor discrepancies in vote counts may not affect the outcome, procedural violations can lead to the quashing of administrative orders or election results. The judgment reinforces the principle that procedural compliance is fundamental to ensuring fairness and legality in electoral disputes.
Bai Kashyap vs. ... maintainable as the respondent only sought recounting without challenging the validity of the election, aligning with the judgment in Dharmin ... The same was the subject matter of consideration in the case of Dharmin Bai Kashyap (supra) relied upon by the learned counsel for the petitioner. ... Reliance has been placed by him on the decision of the Apex court in Dharmin Bai Kashyap vs. Babli Shah and others 20....
Recounting of Votes - Election Dispute - Tamil Nadu Panchayat Act, 1994 - Section 259 - Dharmin Bai Kashyap ... He would straight away rely upon the judgment of the Honourable Supreme Court made in the case of Dharmin Bai Kashyap Vs.
On 31/12/2021, recounting of votes was carried out and the appellant's vote was reduced from 404 to 400 whereas the votes of respondent No.4 herein Dharmin Bai Kashyap remained to that of earlier one of 403. In a result, Dharmin Bai Kashyap the respondent No.4 herein was declared elected Sarpanch. ... Dharmin Bai Kashyap. The people who were in-charge of the recounting process and were the independent witness were not called for evi....
In Dharmin Bai Kashyap v. Babli Sahu and others reported in (2023) 10 SCC 461, the Hon'ble Supreme Court had categorically held that where a procedure is established by law, that procedure must be strictly followed.
Further, in Dharmin Bai Kashyap v. Babli Sahu, (2023) 10 SCC 461, the Hon'ble Supreme Court held as follows : “13.
This was founded on Dharmin Bai Kashyap v. Babli Sahu and Others , ( (2023 KHC 6775 SC) )]. 11.
The Hon’ble Supreme Court in the matter of Dharmin Bai Kashyap v. Babli Sahu and Others reported in Kashyap (supra), the impugned orders dated 15.03.2023 and 06.01.2020 issued by the Registrar Cooperative Societies, Chhattisgarh as well as the order dated 22.01.2020 issued by the District Central Cooperative Bank Limited, Raipur, Chhattisgarh are hereby quashed as the respondent-Bank ... different High Courts in the afore-quoted judgments, such as Director (Admn. and HR) KPTCL (supra), Balco Captive Power Plan....
Judgment, dated 16.08.2023, of the Hon'ble Supreme Court in the case of Dharmin Bai Kashyap Vs. Babli Sahu & Others (2023 Live Law (SC)661) 4. Order, dated 22.04.2015, of the Bangalore Bench of this Tribunal in OA395 of 2014 5.
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