The learned counsel would further submit that the guidelines laid
down by the Hon'ble Supreme Court in R. Narayana vs. S.Semmala and
others as to in what circumstances recounting can be ordered, are
squarely applicable to the facts and circumstances existed in the Election
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W.P.No.4103 of 2024 7
O.P. and accordingly, the Election Tribunal had rightly ordered for opening
the box.
In Kattinokkula Murali Krishna vs. Veeramalla Koteswara
Rao 4 , the Hon'ble Supreme Court held that having regard to the
consequences emanating from the direction of recounting, which may even
breach the secrecy of ballot, the doctrine of prejudice is an irrelevant
factor for ordering recount.
The learned counsel would further submit that no doubt, verification
of counter foils is a drastic step, in view of the fact that preservation of
secrecy of ballot is sacrosanct, however to strike a balance between
secrecy of ballot and the purity of election, the secrecy of ballot can be
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W.P.No.4103 of 2024 8
violated as per the observations made by their Lordships in the decision in
Ram Sewak Yadav v. Hussain Kamil Kidwai and others and (2) Dr.
Jagjit Singh v. Giani Kartar Singh, provided basic requirements to the
satisfaction of the election tribunal. In the instant case, the basic
requirements that are essential for inspection of ballot papers are very
much exist and upon due satisfaction only the election tribunal ordered for
inspection of ballot papers.