pronouncement as referred to above has no merit at
all. That line of attack pressed into service to
assail the concurrent decision of both the courts
is meritless.
In Bhabhi v. Sree Govind {AIR 1975 SC
2117), the principles enunciated in the earlier
decision in Baliram Bhalaik's case {AIR 1975 SC
283} were reiterated.
In Bhabhi v. Sree Govind {AIR 1975 SC
2117), the principles enunciated in the earlier
decision in Baliram Bhalaik's case {AIR 1975 SC
283} were reiterated.
In P.H.Pujar v. Kanthi
Rajasekhar Kidiyappa {AIR 2002 SC 1368} stressing
upon the essential requirement that a proper
foundation has to be laid in the pleadings by
setting out material facts and proving it by
requisite evidence, the Apex Court has observed
that recounting cannot be ordered only because the
margin of defeat is meagre.
In M.R.Gopalakrishnan v. Thachady
Prabhakaran {1995 Supp. (2) SCC 101}, the Apex
Court observing that electoral rules provide
adequate opportunity to a candidate, his election
C.R.P.No.366 of 2007
:: 21 ::
taken note of the judicial pronouncements that
recounting can be ordered only sparingly that too
where the election petitioner not only plead and
disclose the material fact why recounting is
essential, but also substantiate the same by means
of reliable evidence showing that there existed a
prima facie case for the recounting. More than
anything it is seen that the District Judge was
swayed and persuaded to accept the result in
recounting since such exercise had been carried
out. Observations of the Apex Court in T.A.Ahammed
Kabeer v. A.A.Azeez {AIR 2003 SC 2271} direct for
accepting the result in recounting once it is
carried out was the view taken. In the above
decision the apex court has not laid down any such
proposition but only stated thus: "Once the court
has permitted recount within the well settled
parameters of exercising jurisdiction in this
C.R.P.No.366 of 2007
:: 27 ::