High Court Sets Aside Recount Order in Election Dispute, Orders Fresh Consideration

07 May 2024 8:19 AM

By: Admin

Date: 06.06.2023

In a significant development, the High Court of Judicature at Allahabad has set aside a recount order issued in an election dispute case and directed fresh consideration of the matter. The court, comprising Hon'ble Saurabh Shyam Shamshery, J., ruled that the authorities involved had rushed through the case without due consideration of crucial documents. The judgment, delivered on 6th June 2023, emphasized the importance of proper examination of evidence in election disputes.

The case pertained to an election held for the position of Pradhan of Gram Panchayat Jogiyabeer in Azamgarh district. The petitioner, Khursheed Ahmad, emerged as the winner with a margin of only one vote, while the respondent-3 finished as the runner-up. Challenging the result, the respondent-3 filed an election petition seeking a recount and declaration as the returned candidate. The key point of contention was the total number of votes cast during the election, with the respondent claiming that the count should be 1170, while the petitioner argued for 1167.

Initially, the Prescribed Authority rejected the election petition, prompting the respondent-3 to file a revision petition. The Revisional Authority allowed the revision petition, ordering a recount of votes. However, the petitioner challenged the legality of the recount order, asserting that it lacked proper grounds and should have been remanded for fresh consideration instead.

In the judgment, the court noted that both the Prescribed Authority and the Revisional Authority had overlooked a crucial document, proforma Form 36, which contained vital details regarding the number of ballot papers and votes cast. This document was not available on record, and its absence hindered a comprehensive assessment of the case. Consequently, the court set aside the recount order and directed the Prescribed Authority to summon the necessary records, including a copy of proforma Form 36, from the office of the District Election Officer. The court stressed the importance of a thorough examination of all relevant materials and ordered the Prescribed Authority to pass a fresh order within eight weeks.

The judgment emphasized that a recount order should not be passed on mere assumptions or vague allegations, but should be based on clear and specific evidence that a recount is necessary to determine the outcome of the election. It also highlighted the need for proper pleadings and substantiated allegations in election disputes, ensuring that relief is founded on solid grounds.

This decision serves as a reminder of the significance of due process and fair consideration in election disputes, underscoring the importance of accurate record-keeping and careful examination of evidence. The case will now return to the Prescribed Authority for a fresh evaluation, with the summoned records playing a crucial role in the decision-making process.

DATE OF DECISION: 06.06.2023

Khursheed Ahmad vs Additional District Judge and others