Supreme Court - Daily Orders
Mohit Kumar vs Kuldeep Singh on 11 August, 2025
Bench: Surya Kant, Dipankar Datta
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.10487 OF 2025
(Arising out of SLP (C) No.18410 of 2025)
MOHIT KUMAR … APPELLANT
Versus
KULDEEP SINGH & ORS. … RESPONDENTS
O R D E R
1. Leave granted.
2. The controversy pertains to the election of Sarpanch of
Gram Panchayat, Buana Lakhu village, District Panipat, Haryana.
Election was held on 02.11.2022, and respondent No.1 was declared
to have been elected. There arose a controversy as to whether
respondent No.1 was rightly declared elected or if the appellant
ought to have been declared as the returned candidate. The
appellant, thereafter, filed an Election Petition challenging the
result of the election. Respondent No.1 initially raised a
preliminary objection of limitation, which was turned down up to
this Court, and the Election Tribunal was directed to take up the
petition every week and decide the same within four months.
3. Thereafter, the Additional Civil Judge (Senior Division)-
cum-Election Tribunal, Panipat, vide a self-speaking judgment dated
22.04.2025, held that in view of the findings returned on Issue
Nos.2 to 6 by it, a case of recounting of votes of Booth No.69 was
made out. Consequently, the Deputy Commissioner-cum-Election
Officer was directed to re-count the votes in Booth No.69 on
07.05.2025.
4. The above-stated order of the Election Tribunal has been
set
Signature Not Verified
aside by the High Court vide the impugned judgment dated
Digitally signed by
SATISH KUMAR YADAV
01.07.2025.
Date: 2025.08.12
17:21:17 IST
Reason:
5. When the instant matter came up for hearing before this
Court on 31.07.2025, the following order was passed:
“1. Having heard learned senior counsel for the
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parties at a considerable length and taking into
consideration the peculiar facts and circumstances of
this 1 case, the Deputy Commissioner and the District
Election Officer, Panipat, Haryana is directed to
produce all the EVMs before the Registrar of this
Court, to be nominated by the Secretary General, at 10
a.m. on 06.08.2025. The nominated Registrar shall
recount the votes, not only of the disputed booth but
of all the booths. The recounting shall be duly video-
graphed. The petitioner as well as the respondent no.1
or their authorized agents shall remain present at the
time of recounting. The assisting counsel for the
parties before us shall also remain present. The
recount result shall be duly signed by the learned
Registrar, the petitioner and the respondent no.1 or
their authorized representative as well as the learned
assisting counsel.
2. The recounting shall be without prejudice to the
rights and contentions of the parties and subject to
the objections that may be filed by the parties.
3. The Registry is directed to communicate a copy of
this order to the Deputy Commissioner and the District
Election Officer Panipat, Haryana for necessary
compliance.
4. Post this matter on 11.08.2025 at 2 p.m. before
this Bench.”
6. In deference thereto, learned Secretary General nominated
Ms. Kaveri, who is presently posted as OSD (Registrar) to comply
with the above order. The OSD (Registrar), with the logistic
assistance provided by the Secretary General of this Court,
recounted the votes of all the Booths (65 to 70) and has submitted
a report dated 06.08.2025 based thereupon. The recounting of votes
from each Booth has been appended at Flag `C’ and compilation
thereof is at flag `D’ of the report. The translated copy of the
disputed form No.19 (re: declaration of result from Booth No.69)
has also been produced at page No.157 of the Report. Finally,
learned OSD (Registrar) has compiled the revised result, which
reads as follows:
S.No. Name of Candidate as per Consolidated
Ballot Paper votes
1. Kuldeep Singh 1000
2. Jaswant Singh 27
3. Naveen Kumar 491
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4. Mahavir 237
5. Mohit Kumar 1051
6. Samer 125
7. Sunil Kumar 815
8. NOTA 21
Total 3767
7. Ordinarily, the recounting of votes having been done by a
Senior Judicial Officer, who is currently serving as an OSD
(Registrar) in this Court, would have been the end of the matter
and the proceedings could be closed by declaring the appellant as
the elected candidate. However, Mr. Gagan Gupta, learned Senior
Counsel for respondent No.1, submits that in addition to the issue
of recount, some other issues have also been raised before the
Election Tribunal, where the evidence is complete and the case is
ripe for final arguments.
8. On the other hand, Ms. Liz Mathew, learned Senior Counsel
for the appellant, submits that all other issues have, in fact,
been adjudicated by the Election Tribunal on 22.04.2025 and the
only one left for adjudication was pertaining to declaration of the
election result after recounting of votes. However, that judgment
of the Election Tribunal has been set aside by the High Court,
giving rise to the instant appeal.
9. Since, the recounting of votes has now been completed
pursuant to our order dated 31.07.2025, the impugned judgment of
the High Court cannot sustain and the same is, accordingly, set
aside.
10. Similarly, there being prima facie no reason to doubt the
Report submitted by the OSD (Registrar) of this Court, especially
when the entire recounting has been duly videographed and its
result is signed by the representatives of the parties, we are
satisfied that the appellant deserves to be declared as the elected
Sarpanch of Gram Panchayat, Buana Lakhu Village, District Panipat,
Haryana in the election held on 22.11.2022. The Deputy
Commissioner-cum-Election Officer, Panipat is, accordingly,
directed to issue a Notification in this regard within two days
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declaring the appellant as the elected Sarpanch of the above-
mentioned Gram Panchayat. The appellant shall be entitled to assume
the said office forthwith and perform his duties.
11. However, in the interest of justice, we allow the parties
to agitate the issues, if any, left to be adjudicated. The Election
Tribunal may, accordingly, accord them an opportunity of being
heard and deliver the final judgment. The Election Tribunal,
however, shall accept the Report of the OSD (Registrar) of this
Court as the final and conclusive report so far as the result of
recounting of votes is concerned. The Report submitted by the OSD
(Registrar) of this Court shall be re-sealed and sent to the
Additional Civil Judge (Senior Division)-cum-Election Tribunal,
Panipat to make it a part of the record of the Election Petition.
12. Similarly, the EVMs or any other record, which were
summoned, shall also be returned to the Deputy Commissioner-cum-
Election Tribunal, Panipat.
13. The direction issued hereinabove to declare the appellant
as an elected Sarpanch of Gram Panchayat, Buana Lakhu, District
Panipat shall, however, be subject to the final judgment that may
be passed by the Election Tribunal.
14. The appeal stands disposed of in the above terms.
15. As a result, the pending interlocutory applications also
stand disposed of.
16. Copy of the order be given dasti.
...................…....J.
(SURYA KANT)
..............……....……....J.
(DIPANKAR DATTA)
..............……......……...J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
AUGUST 11, 2025.
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ITEM NO.301 COURT NO.2 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).18410/2025
[Arising out of impugned final judgment and order dated 01-07-2025
in CR No.2717/2025 passed by the High Court of Punjab & Haryana at
Chandigarh]
MOHIT KUMAR Petitioner(s)
VERSUS
KULDEEP SINGH & ORS. Respondent(s)
IA No. 162580/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 162581/2025 - EXEMPTION FROM FILING O.T. Date : 11-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Ms. Liz Mathew, Sr.Adv.
Mr. Parveen Kumar, AOR Mr. Mahendra Kumar, Adv. Mr. Deepak Tushir, Adv. Mr. Ankur Kumar, Adv.
Mr. Rajnish Mann, Adv.
Ms. Garima Khetal, Adv. Ms. Niharika, Adv.
Ms. Mallika Agarwal, Adv. Mr. Dilip Kumar, Adv.
Mr. Alok Kumar Dwivedi, Adv. Mr. Ashish Kumar Rai, Adv. Ms. Rajni Rani, Adv.
For Respondent(s) Mr. Gagan Gupta, Sr. Adv.
Mr. Karan Kapoor, Adv.
Mr. Manik Kapoor, Adv.
Ms. Srishti Singla, Adv. Mr. Shrey Kapoor, AOR UPON hearing the counsel the Court made the following O R D E R 6
1. Leave granted.
2. The appeal stands disposed of in terms of the signed order.
3. As a result, the pending interlocutory applications also stand disposed of.
4. Copy of the order be given dasti.
(SATISH KUMAR YADAV) (PREETHI T.C.) ADDITIONAL REGISTRAR ASSISTANT REGISTRAR (Signed order is placed on the file)