Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Panchayat Raj Act 1993 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Election Laws:Bihar Panchayat Raj Act, 1993-Sections 140 and 121-Bihar Panchayat Election Rules, 1995-Rule 79:Panchayat Elections-Defeated candidate filing application for recount of votes-Application not entertained by returning officer-However, in an election petition, Election Tribunal directing inspection and recounting of votes, as a result of which defeated candidate declared elected-Candidate declared elected earlier challenging the order-Writ Petition allowed-Both Single Judge and Division Bench of High Court set aside the order of the Tribunal-On appeal Held: Order of the Election Tribunal did not satisfy the statutory requirements-Election Tribunal failed to analyse the evidence and point out as to which averments made by defeated candidate could be accepted E as disclosing material facts for passing order of recounting-Thus, order of High Court justified.Rule 79-Application for recounting of votes-Held: Application filed either before the announcement of result or thereafter, is maintainable-- However, only because such application is not filed before the returning officer, Election Tribunal is not precluded from issuing direction for recounting of votes--Thus, Rule 79 serves a salutary purpose. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 230 |
Petitioner | Chandrika Prasad Yadav |
Respondent | State Of Bihar And Ors. |
SCR | [2004] 3 S.C.R. 834 |
Judgement Date | 2004-04-05 |
Case Number | 1999 |
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