Case Note & Summary
The dispute arose from the election of the appellant as a member of the Haryana Legislative Assembly, where he was declared elected with a narrow margin over the respondent. The respondent challenged the election, alleging improper counting and rejection of votes. The High Court ordered a recount of rejected votes, finding that the appellant had not filed a recrimination application as required by Section 97(1) of the Representation of the People Act, 1951. The High Court ultimately set aside the appellant's election, declaring the respondent duly elected. The appellant contended that the recounting should not have been ordered and that any improperly rejected votes should be counted for both candidates. The Supreme Court upheld the High Court's decision, emphasizing the necessity of following statutory procedures and the jurisdictional limitations of the Election Tribunal. The court noted that the appellant's failure to file a recrimination application barred him from contesting the validity of the votes in question, thereby affirming the High Court's ruling that the election had been materially affected by the wrongful rejection of votes cast for the respondent. The court dismissed the appeal, reinforcing the principle that the purity of the electoral process must be safeguarded.
Headnote
A) Election Law - Recrimination Application - Effect of Omission - Representation of the People Act, 1951, Section 97(1) - The High Court held that the appellant's failure to file a recrimination application precluded him from contesting the validity of votes cast in his favor that were improperly rejected. The court emphasized that strict adherence to statutory procedures is essential for maintaining the integrity of the electoral process. Held that the Election Tribunal lacked jurisdiction to consider the appellant's claims without the requisite application (Paras 1121-1122).
Issue of Consideration
Whether the High Court erred in not allowing the appellant to benefit from improperly rejected votes due to the absence of a recrimination application under Section 97(1) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision to set aside the appellant's election and declare the respondent duly elected, based on the appellant's failure to file a recrimination application under Section 97(1) of the Representation of the People Act, 1951.
Law Points
- Election petition
- recounting of votes
- jurisdiction of Election Tribunal
- recrimination application
- statutory interpretation
