Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws: Conduct of Election Rules 1961-Rule 63-Re-c.ounting-Election petition alleging irregularities and illegalities in counting of ballot. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Laws: Conduct of Election Rules, 1961-Rule 63-Re-counting-Election petition alleging irregularities and illegalities in counting of ballots-On facts, held, election petitioner or his counting agent could not make our case that votes cast in favour of election petitioner were counted less or had been reduced in a way materially affecting the result of election petition -Returning Officer deposed that he conducted the counting impartially and without any illegality-Assistant Returning Officer supported that deposition-Re-counting rightly not allowed by High Court. Election-Conduct of Requirement of vigilance on local staff entrusted to conduct the elections-Posting of some para-military personnel inside the polling booths suggested-Some cameras should also be installed in the polling booths. Election-Conduct of-Improper use of funds allotted-Some funds utilised for entertaining the election observers-Strict instructions should be given to election observers not to accept undue hospitality of the State as that would compromise their objectivity and transparency. Respondent No.1 was declared elected as member of the State Assembly. Appellant, one of the contesting candidates, filed petition challenging the election primarily on ground that the ballot papers were miscounted resulting in non-counting of valid votes cast in his favour. It was also alleged that in course of counting, a petition for recounting was filed under Rule 63 of the Conduct of Election Rules, 1961, but no recounting was held, and that before the result was declared the appellant gave representation to the returning officer enumerating various irregularities and illegalities committed but all his efforts proved futile. The difference of votes between the appellant and the returned candidate being very less, the appellant prayed that his election petition be allowed and he be declared elected. Single Judge of High Court held that the appellant had failed to substantiate the allegation and dismissed the petition with costs. Hence the appeal. During course of arguments before this Court, the appellant also gave certain suggestions for consideration of the Election Commission in order to introduce maximum transparency and fairness in the elections. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 25 |
Petitioner | Janak Singh |
Respondent | Ram Das Rai And Ors. |
SCR | [2005] 1 S.C.R. 360 |
Judgement Date | 2005-01-11 |
Case Number | 9228 |
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