Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951: Sections 81 and 100. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951: Sections 81 and 100. Election-Challenge by defeated candidate on the ground of non-filing of check memos by counting supervisors-High Court holding declaration of election void-Direction to recount ballot papers-Appeal before Supreme Court-Held, recount of votes cannot be ordered in a casual manner-Cannot be ordered merely because difference is meagre-Proper foundation should be laid in pleadings-Specific allegations should be made and proved-Held there was lack of pleadings as to material fact in the election petition-Held High Court erred in directing recount. In the election petition filed by respondent No. 1, the defeated candidate, challenging the election of the appellant, the elected candidate, the issue involved inter alia, was whether the counting of the votes was done in accordance with Rules High Court set aside the election of the appellant holding the declaration of the election to be void. It directed the Returning Officer to recount all ballot papers after proper scrutiny. Against the decision of High Court the returned candidate preferred appeal before this Court. On behalf of respondent No. 1. It was contended that the Counting Supervisors had not filled the check memos for counting of votes as required by them under the instructions contained in Hand Book for Returning Officers for election to the House of People and State Legislative Assemblies issued by the Election Commission of India. Consequently, it became impossible to know how many doubtful votes were taken by the Counting Supervisors to the Returning Officer and how many were directed by the Returning Officer to be validly polled by one or the other candidate, thereafter leaving the balance as rejected ballot papers. In this view, the High Court was perfectly justified in directing the recounting of all the ballot papers. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2002 INSC 117 |
Petitioner | P.h. Pujar |
Respondent | Kanthi Rajashekhar Kidiyappa And Ors. |
SCR | [2002] 2 S.C.R. 205 |
Judgement Date | 2002-03-05 |
Case Number | 7113 |
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