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Mahendra Pal vs Shri Ram Dass Malanger And Others on 1 March, 2002 cites

Mahendra Pal vs Ram Dass Malanger And Ors on 27 October, 1999

Firstly it is to be stated that election petition filed by the appellant was rejected on preliminary issue namelyelection petition lacks in material facts and particulars and do not furnish a cause of action, as alleged. That order was challenged before this Court in Civil Appeal No.4085 of 1998 and this Court allowed the appeal by judgment and order dated 27.10.1999 {reported as Mahendra Pal v. Ram Dass Malanger and others, [(2000) 1 SCC 261]}, by holding that election petition did contain an adequate statement of material facts on which the allegations of irregularities and illegalities in counting were founded. The Court, therefore, directed the designated Judge to decide the election petition afresh on merits expeditiously.
Supreme Court of India Cites 5 - Cited by 60 - Full Document

R. Narayanan vs S. Semmalai And Ors on 6 September, 1979

The law on this aspect is well settled. While dealing with similar contention, this Court in R. Narayanan v. S. Semmalai and others [(1980) 2 SCC 537] held that election, being a technical matter, the authorities choose experienced persons to do the counting and took every possible care to see that the members of the staff do not commit any error. Moreover, the relief of re-counting cannot be accepted merely on the possibility of there being an error. The Court observed, "it is well settled that such allegations must not only be clearly made but also proved by cogent evidence." The Court also held that the margin by which the appellant succeeded was very narrow. This was undoubtedly an important factor to be considered but would not by itself vitiate the counting of votes or justify re- counting by the court. Thereafter the Court referred to earlier decisions and held (in para-26) thus:
Supreme Court of India Cites 13 - Cited by 97 - S M Ali - Full Document

D.P. Sharma vs Commissioner And Returning Officer And ... on 30 November, 1983

In D.P. Sharma v. Commissioner and Returning Officer and others [1984 (Supp.) SCC 157] the Court dealt with the discrepancy as regards finding of less ballot papers from the ballot boxes than what had been issued and used by the voters as well as the discrepancy which pertains to finding of excess ballot papers from the ballot boxes over and above those which had been issued and used by the voters and on the facts of that case observed that these discrepancies are insignificant in character and could be safely attributed to accidental slip or clerical or arithmetical mistakes that must have been committed at the time of counting and preparation of the statements in Forms 16 and 20. The Court pertinently further observed that these discrepancies by themselves do not make out a case for directing a recount of votes and that it is well established that in order to obtain re-count of votes a proper foundation is required to be laid by the election petitioner indicating the precise material on the basis of which it could be urged by him with some substance that there has been either improper reception of invalid votes in favour of the elected candidate or improper rejection of valid votes in favour of the defeated candidate or wrong counting of votes in favour of the elected candidate which had in reality been cast in favour of the defeated candidate.
Supreme Court of India Cites 0 - Cited by 25 - Full Document

Vadivelu vs Sundaram And Ors on 10 October, 2000

Similarly, in Vadivelu v. Sundaram and others [(2000) 8 SCC 355], this Court (in para 16) held that re-count of votes could be ordered very rarely and the petitioner who seeks re-count should allege and prove that there was improper acceptance of invalid votes or improper rejection of valid votes. If only the court is satisfied about the truthfulness of the allegation, it can order re-count of votes. But if it is proved that purity of elections has been tarnished and it has materially affected the result of the election whereby the defeated candidate is seriously prejudiced, the court can resort to re-count of votes under such circumstances to do justice between the parties.
Supreme Court of India Cites 11 - Cited by 117 - R C Lahoti - Full Document
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