Case Note & Summary
The case arose from an election held on 29.6.2003 for the post of Sarpanch in Village Bareh, Punjab, where the appellant was declared elected by a margin of 11 votes. The first respondent contested the election, alleging that 147 votes were wrongly rejected and that 25 of his votes were intermingled with those of the appellant. The Election Tribunal ordered a recount, which the appellant challenged in the High Court, arguing that the recounting violated the secrecy of ballot papers and was based on vague allegations. The High Court dismissed the appellant's revision application, leading to the current appeal. The court noted that the election petition contained specific allegations regarding the rejection of votes and that the Tribunal found sufficient grounds for recounting based on the evidence presented. The court emphasized that the margin of votes rejected was significant enough to warrant a recount, as it exceeded the margin by which the appellant was declared elected. Ultimately, the Supreme Court upheld the decisions of the lower courts, affirming the need for recounting and dismissing the appeal without costs.
Headnote
A) Election Law - Recounting of Votes - Conditions for Recounting - Representation of the People Act, 1951, Section Not Mentioned - The court held that a prima facie case was established for recounting due to allegations of 147 wrongly rejected votes, which exceeded the margin of victory. The Tribunal's findings supported the need for recounting based on evidence presented by both parties (Paras 1-3).
Issue of Consideration
Whether the Election Tribunal and the High Court erred in directing recounting of votes based on the allegations of wrongly rejected ballots.
Final Decision
The Supreme Court dismissed the appeal, affirming the decisions of the Election Tribunal and the High Court, and upheld the order for recounting of votes.
Law Points
- Election law
- recounting of votes
- prima facie case
- secrecy of ballot papers
- irregularities in counting
