Election

Supreme Court e@Journal

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Election - High Court should not have interfered with the election after the process of election had commenced - Whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, possibly no election would be completed without courts order - Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated - Dentists Act, 1948 Section 3 (a) - Dental Council (Election) Regulations, 1952. (2016)3 PLRSC 387
Election - Recout of Votes - Four Principles - The question as to what would constitute material facts would, however, depend upon the facts and circumstances of each case - It is trite that an order of recounting of votes can be passed when the following ingredients are satisfied: (1) if there is a prima facie case; (2) material facts therefore are pleaded; (3) the court shall not direct re-counting by way of roving or fishing inquiry; and (4) such an objection had been taken recourse to - The necessity of "maintaining the secrecy of ballot papers" should be kept in view before a re-counting is directed to be made - A direction for re-counting shall not be issued only because the margin of votes between the returned candidate and the election petitioner is narrow - Election Tribunal further held that the re-counting of votes is necessary in the interest of justice - Order set aside. (180) PLR
Election - Sarpanch - Recount of votes - Power vests in the Tribunal - Cannot be delegated. (180) PLR
Election - Sarpanch - Recount of Votes - Presiding Officer has appointed a Committee of three persons for recounting of the votes in respect of the election held of Sarpanch - Order do not assign any reason for recounting of the votes - Order set aside. (182) PLR
Election Tribunal - Cannot order for recounting at the fag end/for the sake of satisfaction of the petitioner as it would tantamounts to roving and fishing inquiry which is not permissible - Moreover for satisfaction of the petitioner (in election petition), Election Tribunal cannot pass such order. (183) PLR
Election Tribunal - Certain orders have been signed by the Reader in his absence - In case she is not available on the date of hearing, for any reason whatsoever, she affirms before this Court that the matter would be simply adjourned `By Order' of the Reader to the Tribunal without any thing more to await the next date of listing of the case. (175) PLR