Election Petition Must Conform to Rule 6: Maintainability of Election Dispute Petition Clarified: Supreme Court

In a significant ruling, the Supreme Court of India has settled the debate over the maintainability of election dispute petitions. The judgment, delivered by Justice Bela M. Trivedi on August 16, 2023, emphasizes the importance of adhering to statutory procedures when challenging election results.

The case in question, Civil Appeal No. 2517 of 2023, saw the appellant challenging the legality and validity of a judgment and order passed by the High Court of Chhattisgarh. The Division Bench had allowed the writ appeal, overturning the Single Bench’s order and recounting of votes. The central issue revolved around whether an Election Petition solely seeking a recount of votes, without additional reliefs as stipulated by Rule 6 of the Chhattisgarh Panchayat Nirvachan Niyam, 1995, was maintainable.

The Supreme Court’s judgment, echoing precedent, established the principle of strict construction of election laws. The Court upheld the significance of conforming to prescribed procedures. In the words of Justice Trivedi, “Where a right or liability is created by a statute, which gives a special remedy for enforcing it, the remedy provided by the statute must be availed of.”

The Court referred to its earlier ruling in the case of Sohan Lal vs. Babu Gandhi and Others, where it clarified the distinction between pre-result and post-result stages in an election dispute. The judgment reinforced the principle that while recounting of votes can be directed, the main reliefs claimed in an Election Petition must align with Rule 6 of the relevant rules.

The Supreme Court concluded that an Election Petition seeking only a recount of votes, without seeking appropriate reliefs as per Rule 6, was not maintainable. As a result, the appeal challenging the impugned judgment was dismissed.

This ruling provides clarity on the procedure for challenging election results and underscores the significance of adhering to statutory provisions. The decision serves as a reminder that election contests are strictly regulated by law and must be approached with precision and compliance.

Date of Decision: 16 August 2023

DHARMIN BAI KASHYAP vs  BABLI SAHU & OTHERS