Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | I 9 5 I-Section I 00 (I) ( d) (iii) Representation of People Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Laws: Representation of People Act, 1951-Section 100 (1) (d) (iii)-Election- Recount of votes-Appellant defeated by a margin of 3 votes-Demand for recount alleging irregularities during counting-Held, since the appellant failed to produce evidence or examine witness alleging discrepancy in counting of votes, the demand for recounting was rightly rejected by the High Court. Appellant and respondent 1 were the contesting candidates in an election. Respondent 1 was declared elected defeating the appellant by a margin of 3 votes. The appellant filed an election petition before High Court for declaring the election of the respondent void and declaring the appellant as elected on the ground of various irregularities committed during the course of counting of ballots. The High Court dismissed the election petition on the ground that the petition lacks in material facts and did not disclose a cause of action warranting recount of ballots. In appeal, this Court remitted the matter back to the High Court for deciding the election petition afresh on merits holding that the election petition did contain an adequate statement of material facts. The High Court, after examining the witnesses and evidence, dismissed the election petition forming an opinion that no case for re-count of the ballot papers was made out by the appellant. In appeal, the appellant contended that as per Form 20-A, the total number of votes found in the ballot boxes were 35,310 whereas the statement of round wise detailed result of counting disclosed that the total number of valid and rejected votes were 35,318; and that as there was discrepancy of votes, the recounting of ballot papers should be done since the vote margin is only 3 votes. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 2002 INSC 115 |
Petitioner | Mahendra Pal |
Respondent | Shri Ram Dass Malanger And Ors. |
SCR | [2002] 2 S.C.R. 169 |
Judgement Date | 2002-03-01 |
Case Number | 3993 |
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