warranting trial of the election petition?
5. Whether the allegations for recount are sufficient to hold a trial
on that issue?
6. Whether the failure ... failed to establish that there existed a case where the recounting could be
ordered. Ultimately the election petition was rejected under Section
been improperly accepted or rejected. Nor did
he file an application for recounting of votes.
The High Court without going into the merits ... before the Court regarding the truth of
the allegations made for a recount ;
(4)That the discretion conferred on the Court should not
be exercised
announced the number of votes received by the each candidate. No recounting was asked for by any candidate or his polling agent in any segment ... that it is always open to a candidate to ask for a recount after the counting had been completed and such a recount is ordered
Tamilnadu Panchayats Act, 1958: Sections 30 and 178--
Panchayat election--Recount of votes--When to be ordered--
Preservation of secrecy of ballot---Sacrosanct principle.
HEADNOTE ... election of the first
respondent as the President of the Panchayat, order
recounting of votes, and a declaration that the petitioner
has been duly elected
invalid votes. The appellant
filed a petition before the Returning Officer for recounting
of votes, but that prayer was not allowed and on the above ... round of counting and that the appellant had filed
an application for recount before the Returning Officer.
Therefore, the Election Tribunal ordered re-count
SINHA, J:
The extent of jurisdiction of election tribunal to
direct recounting of votes is the primal question involved
in this appeal which arises ... respondent was shown as 702.
The appellant allegedly moved an application for
recounting of votesbefore the returning officer but the same
was not entertained
void elections-Petitioner for recount, when to be
ordered-Non-appearance of election Petitioner in the witness
box, whether vitiates the petition-Interference by Supreme ... Bombay , [1955] 1
S.C.R. 613 at 654 applied.
(10) A recount of votes cannot be ordered just for the
asking. A petition
votes of the respondent, and his case was that if
recounting and re-scrutiny was made, it would be found that
he had secured ... with it is not competent to the Tribunal to
order a general recount of the votes preceded by a scrutiny
about their validity.
Inayatullah Khan
should exercise
its jurisdiction to direct inspection of the ballot papers
and recounting of votes polled while determining an election
petition in terms ... vote difference
decides the result. Therefore, I kindly
request you to recount the rejected
invalid votes and thereafter election
result may be declared
Representation of the People Act, 1951 -Recount-When
could be ordered by the Court.
HEADNOTE:
The appellant and the respondent, among a few others,
were ... votes were wrongly
rejected or wrongly accepted and prayed for ordering of
recounting because the margin by which the appellant
succeeded was extremely narrow, coming
