Case Note & Summary
The dispute arose from the election for the post of Adhyaksha of the Zila Parishad in Shahjahanpur, where Jivendra Kumar was declared elected after a draw of lots. The election was conducted under the U.P. Zila Parishads (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1963, framed under Section 237 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. The election took place on May 22, 1995, with three candidates: Jivendra, Manvendra, and Gayatri. Jivendra received 10 votes, Manvendra 14, and Gayatri 7, leading to a total of 31 votes. The required quota to win was determined to be 16 votes. Gayatri was eliminated, and the second preference votes were counted, resulting in Jivendra and Manvendra each receiving 15 votes. Since neither candidate secured the quota, the Returning Officer drew lots to declare Jivendra elected. Manvendra challenged this decision through an election petition, which was upheld by the High Court. The High Court ruled that neither candidate had secured the necessary quota and that the drawing of lots was not permissible under the circumstances. The Supreme Court upheld the High Court's decision, affirming that the election was invalid as neither candidate met the quota requirement. The court emphasized that the rules did not provide for drawing lots when candidates had equal votes after the second count, leading to the conclusion that a vacancy existed in the office of the Adhyaksha. The appeals and special leave petition were dismissed without costs.
Headnote
A) Election Law - Validity of Election Results - Requirement of Quota - Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, Section 237 - The court examined whether a candidate must secure a quota to be declared elected in a multi-candidate election. It held that since none of the candidates secured the required quota, the election result declared by drawing lots was invalid (Paras 5-6).
Issue of Consideration
Whether the election result for the post of Adhyaksha of the Zila Parishad was valid given the voting process and the application of the relevant rules.
Final Decision
The Supreme Court dismissed the appeals and the special leave petition, affirming the High Court's ruling that the election of Jivendra was invalid due to the failure to secure the required quota.
Law Points
- Election law
- election disputes
- election results
- counting of votes
- drawing of lots
