Bhabhi vs Sheo Govind & Ors on 21 April, 1975
In Bhabhi v. Sheo Govind, AIR 1975 SC 2117, the Supreme Court laid down the following principles for recount of votes :-
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1 - 5 of 5 (0.31 seconds)Raghbir Singh Gill vs Gurcharan Singh Tohra & Ors on 9 May, 1980
In S. Raghubir Singh Gill v. S. Gurucharan Singh Tohra, 1980 Supp. SCC 53, it was held that recount cannot be ordered just for the asking. A petition for recount cannot be ordered after inspection of ballot papers must contain an adequate statement on material facts on which the petitioner relies in support of his case and secondly the Tribunal must be prima facie satisfied that in order to decide the dispute and to do complete justice between the parties, an inspection of the ballot papers is necessary. The discretion conferred in
this behalf should not be exercised in such a way so as to enable the applicant to indulge in a roving inquiry with a view to fishing out materials for declaring the election void.
Vadivelu vs Sundaram And Ors on 10 October, 2000
In Vadivelu v. Sundaram, 2000 (8) SCC 355, same principles was reiterated with emphasis in Paragraph 16 quoted as below:-
V.S. Achuthanandan vs P.J. Francis & Anr on 31 January, 2001
In V.S. Achuthanandan v. P.J. Francics, (2001) 3 SCC 81, the Supreme Court went to the extent of holding that even if a recount is validly ordered, and the statistics revealed by the recount are available to be used for deciding election dispute, the facts revealed by recount cannot be relied upon by the election petitions to support the prayer and sustain the order for recount; if the Supreme Court found that pleadings and material available on record anterior to actual recount did not justify grant of the prayer for inspection and recount.
Mahendra Pal vs Shri Ram Dass Malanger And Others on 1 March, 2002
In Mahendra Pal v. Shri Ram Dass Malanger and others, AIR 2002 SC 1291, the Supreme Court reiterated the aforesaid principles.
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