Election petition -- Maintainability - Recounting of votes - Filing of election petition seeking relief of recounting of votes without making any application in writing as required u/s 80 of Nirvachan Niyam, 1995 and without seeking any other reliefs i.e declaration as contemplated in R.6 of Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and..........
Election -- Recounting of votes - Appellant/election petitioner pleaded about serious irregularities committed by officials during counting of valid votes cast in his favour and invalid votes taken into account in favour of respondent - He also examined witnesses to substantiate that fact - Appellant substantiated the allegation made in election petition - No fault can be..........
Election -- Recounting of votes - Direction of Tribunal to place report contained in sealed envelope before District Election Officer for declaration of result - Challenge as to - Direction even if inappropriate would not affect order of recount of votes - Moreover, it was open to High Court to mould the direction issued by Tribunal instead to issue direction u/s 140 of..........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
Civil Procedure Code, 1908, Order 14, Rule 1(1) -- Election petition - Framing of issues - Both parties agreed to recounting of votes - Held, it is not necessary to frame issues - Question of framing of issues arise only when fact is denied by either side U.O.14.R.1(1) CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, MP (Chattisgarh) Panchayat Raj Adhiniyam, 1994, Section 122 -- Challenge to election of petitioner as Sarpanch of Gram Panchayat and recounting of votes sought - Petitioner controverted material allegation made in the election petition - Tribunal heard arguments and passed order for recounting of votes - Order of Election..........
Punjab State Election Commission Act, 1994, Section 82 -- Election to the post of Municipal Councillor - Election Tribunal ordered recounting of votes on ground of equity and natural justice - Impugned order set aside - Held, following factors to be established warranting recounting of votes : (a) prima facie case must be established; (b) material facts must be pleaded..........
Punjab State Election Commission Act, 1994, Section 82 -- Recounting of votes - Recounting of votes done not by Election Tribunal, but by a panel of officers who are not part of election process - Held, there was apparent error of law in recounting of votes - Election Tribunal cannot delegate power of recounting of votes to a panel of officers who are not part of election..........
Haryana Panchayati Raj Act, 1994, Section 174(4)(a) -- Election to the post of Sarpanch - Respondent secured 346 votes and declared elected whereas petitioner secured 345 votes - Six votes were cancelled - On recounting result remained the same though five cancelled votes were found missing - Held, this is no ground to quash election...........
Representation of the Peoples Act, 1951, Section 176 -- Recounting of votes - Two basic requirements are (i) the election petition seeking re-count of the ballot papers must contain an adequate statement of all the material facts on which the allegations of irregularity or illegality in counting are founded, and (ii) on the basis of evidence adduced in support of the..........
