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Vadivelu vs Sundaram And Ors on 10 October, 2000 cites

Satyanarain Dudhani vs Uday Kumar Singh And Ors. on 17 November, 1992

In Satyanarain Dudhani vs. Uday Kumar Singh and Others 1993 (Supp.) 2 SCC 8, it was held that the secrecy of the ballot papers cannot be permitted to be tinkered lightly and an order of recount cannot be granted as a matter of course. Only when the High Court is satisfied on the basis of material facts pleaded in the petition and supported by the contemporaneous evidence, that the recount can be ordered. When there was no contemporaneous evidence to show any irregularity or illegality in the counting, ordinarily, it would not be proper to order re-count on the basis of bare allegations in the Election Petition.
Supreme Court of India Cites 1 - Cited by 76 - K Singh - Full Document

Jitendra Bahadur Singh vs Krishna Behari & Ors on 13 August, 1969

In Jitendra Bahadur Singh vs. Krishna Behari and Others, AIR 1970 SC 276, the election-petitioner, who claimed to be a counting agent filed Election Petition alleging that there was irregularity and illegality in the counting of votes. The learned Single Judge, who was trying the Election Petition permitted the petitioner to inspect the packets of the ballot papers containing the accepted as well as the rejected votes of the candidates. This Court, while allowing the appeal, held that the basic requirements to be satisfied before the Election Tribunal can permit the inspection of ballot papers are that (1) the petition for setting aside the election must contain an adequate statement of material facts on which the petitioner relies in support of his case and (2) the Tribunal must be prima facie satisfied that in order to decide the dispute and to do complete justice between the parties, inspection of ballot papers is necessary. The material facts required to be stated are those facts, which can be considered as materials supporting the allegations made. In other words, they must be such facts as to afford a basis for the allegations made in the petition.
Supreme Court of India Cites 5 - Cited by 162 - K S Hegde - Full Document

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

In D. P. Sharma vs. Commissioner and Returning Officer and Others 1984 Supp. SCC 157, allegations were made in the Election Petition that there was discrepancy between the total number of ballot papers issued and ballot papers taken out and counted from the ballot boxes. This Court held that the discrepancies alleged in the statements prepared under Rule 45 and 56 of the Conduct of Election Rules, 1967 do not make out a case for directing a re-count of votes especially when the discrepancy is marginal and insignificant. In Para 4 of the said Judgment, it was held 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

P.K.K. Shamsudeen vs K.A.M. Mappillai Mohindeen & Ors on 24 November, 1988

P.K.K. Shamsudeen Vs. K.A.M. Mappillai Mohindeen and Others (1989) 1 SCC 526 is a case where the petitioner contested the election for the post of President of a Panchayat in Tamil Nadu. In the election, the 1st respondent was declared elected and the petitioner challenged the election on the ground that while counting, the Returning Officer had wrongly treated some valid votes cast in favour of the petitioner as invalid votes and certain invalid votes were treated as valid votes which were cast in favour of the 1st respondent and that the Returning Officer had not permitted the petitioner's agents to have scrutiny of the ballot papers at the time of counting. The Tribunal after recording the evidence of all candidates and the Assistant Returning Officer ordered re-count of votes. On recounting of votes, it was found that there was no difference in the number of votes secured by the petitioner but insofar as the 1st respondent was concerned he had secured only 528 votes as against 649 votes he was originally held to have secured. 121 votes cast in his favour had been found to be invalid votes. Based on the figures of the re-count, the Election Petitioner was declared duly elected as he had secured 28 votes more than the 1st respondent on recount. This order was challenged by the 1st respondent in Civil Revision Petition before the High Court. The learned Single Judge allowed the Revision Petition and held that the Tribunal had erred in ordering a recount of the votes when the petitioner had not made out a prima facie case for an order of recount of votes cast. This Order was challenged before this Court. This Court held in para 13 of the said Judgment as under:-
Supreme Court of India Cites 7 - Cited by 110 - M M Dutt - Full Document

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

In R. Narayanan vs. S. Semmalai and Others (1980) 2 SCC 537, the Election Petitioner challenged the election on the ground that there were a number of errors in the counting of votes and that the electoral roll itself was inaccurate. The petitioner sought for re- count of votes. The High Court ordered a re-count holding that although there was no clear evidence of any irregularity in counting in the first two rounds, there was a possibility of the counting staff being completely exhausted in the third round which may have led to erroneous sorting and counting of votes. In ordering a re-count the High Court was also influenced by the fact that the margin of the "returned candidate" was only 19 votes. The Order of the High Court was challenged before this Court. This Court reversed the order passed by High Court and after referring to various decisions on this point, it was held as under:-
Supreme Court of India Cites 13 - Cited by 97 - S M Ali - Full Document

M.R. Gopalakrishnan vs Thachady Prabhakaran & Ors on 13 December, 1994

In M.R. Gopalakrishnan vs. Thachady Prabhakaran and Others 1995 Supp. (2) SCC 101, the Election Petitioner alleged that the counting was not done in a congenial atmosphere. The allegation was that counting was held in a small hall and there were several tables and chairs and counting agents of all the candidates along with other officials were present in the hall; therefore, it became very crowded and sorting out of the bundles of the ballot papers was done hastily and, therefore, it was not possible for the agents of the petitioner to carefully keep track of the process of sorting-out and it was alleged that the Returning Officer rejected many votes as invalid in spite of the protest made by the petitioner. On these allegations, the petitioner sought for re-count of votes. That prayer was rejected by the High Court and the same was challenged before this Court. After referring to the various decisions, it was held that the demand of the defeated candidate for re-count of votes has to be considered keeping in view that secrecy of the ballot is sacrosanct in a democracy and, therefore, unless the Election Petitioner is able not only to plead and disclose the material facts but also substantiate the same by means of evidence of reliable character that there existed a prima facie case for re-count, no tribunal or court would be justified in directing a re-count.
Supreme Court of India Cites 8 - Cited by 42 - Full Document
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