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33. This it is submitted is a total mockery of the Statutory Rules / Instructions in respect of demand of recount and consideration thereof. The procedure for recount has been provided in detail in Clause 15.19 of the Handbook and reads as follows:

"15.19 RECOUNT:
15.19.2 When the counting is complete and the Final Result Sheet in Form 20 has been prepared, RO should announce the total number of votes polled by each candidate as entered in Form 20. Then RO should pause for a minute or two. If during this period any candidate or, in his absence, his election agent or any of the counting agents, asks for a recount, RO should ascertain from him the time required for making an application for recount in writing. However, in the case, where the counting places are in different locations, application for re-count in respect of such can be presented before the ARO supervising the counting k 3 EP 06.24 J os.doc in that Assembly Segment. The concerned ARO may deal with application for re-count with the approval of the RO as it would be difficult for candidates/agents located in other counting locations to reach the RO's location in time to make application for re-count. A candidate has option to make request for recount of polled ballot papers and/or polled EVMs of all or some of the polling stations.

The party demanding recount has to make out a, prima facie case, which the counting was not accurate and recount is necessary in the interest of justice. In every case, RO should record a brief statement of reasons for the decision and should give a speaking order. ROs decision will be final.

15.19.5 After the total number of votes polled by each candidate after recount has been announced by RO, complete and sign the Result Sheet. No candidate has a right to demand a recount after RO have completed and signed the Final Result Sheet. Reject any demand for any recount of votes after RO have completed and signed the Final Result Sheet. Entire process shall have to be video- recorded carefully.

15.19.6 A candidate has right to file request for 2nd recount. It would be unreasonable to demand second recount if the first recount showed only minor variations from the first recount and at the same time showed a very substantial majority in favour of one candidate. On the contrary, it would be reasonable to demand further recount where the margin between first two candidates is close and where previous recount has shown differing results." (emphasis added)

Returning Officer has to record the total number of votes polled by each candidate in the result sheet in Form-20 and announce the same. Immediately after such announcement and before declaration of result of election is made under Rule 64 of the Rules 1961, a candidate or his election agent or counting agent can apply in writing to the Returning Officer to recount the votes stating the grounds on which he demands such recounting. Thus, the application for recount of votes must be made during the time gap between announcement made by the Returning Officer under Rule 63 and declaration of result of election under Rule 64 of the Rules, 1961. In the present case however, Petitioner thought of filing application for recount only after result of the election was declared. Application for recount of votes was submitted at 8.06 p.m. after declaration of the result at 7.54 p.m. Thus, the pleadings in support of the ground of improper rejection of demand for recount does not disclose any valid cause of action in support of ground under Section 100(1)(d) (iii) or (iv) of the RP Act. Again, there is no positive statement in the Petition that rejection of demand for recount of votes has materially affected result of the election of the Returned Candidate.