Case Note & Summary
The dispute arose from the election held in 1980 for the Legislative Assembly of Haryana from constituency No. 56, Hathin. The appellant, Azmat Khan, was initially declared elected after securing 12,828 votes against Khillan Singh's 12,655 votes and Ramjilal's 12,213 votes. Following the election result, Khillan Singh and Ramjilal filed election petitions challenging the outcome. In response, the appellant filed a recrimination petition citing errors in the counting of votes for Khillan Singh. All parties agreed to a recount, which resulted in Khillan Singh receiving 12,751 votes, surpassing the appellant's 12,698 votes. The High Court subsequently declared Khillan Singh elected, leading to the present appeal. The appellant's counsel argued that based on the precedent set in Jabar Singh v. Genda Lal, Khillan Singh could not be declared elected even if he received more votes. However, the Supreme Court found the facts of the current case distinguishable, noting that the appellant had recriminated as required under Section 97 of the Representation of the People Act, 1951. The court upheld the High Court's decision, dismissing the appeal without costs.
Headnote
A) Election Law - Recrimination Petition - Validity of Recrimination - Representation of the People Act, 1951, Section 97 - The appellant filed a recrimination petition in response to an election petition, which was upheld by the High Court after a recount. The court distinguished the case from Jabar Singh v. Genda Lal, noting that the appellant had recriminated and agreed to the recount, leading to the dismissal of the appeal (Paras 1-2).
Issue of Consideration
Whether the appellant's recrimination petition was valid under Section 97 of the Representation of the People Act, 1951.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision to declare Khillan Singh elected based on the recount results, with no order as to costs.
Law Points
- Recrimination petition
- Election petition
- Counting of votes
- Election result
- Distinction of case law
