Civil appeal stemming from a Gram Pradhan election dispute in Uttar Pradesh. The core issue revolves around alleged irregularities in vote counting for the village ‘Gram Pradhan’ position. The appellant, the losing candidate, contested the election results due to a discrepancy between the orally communicated vote count and the official tally in Form 46, leading to accusations of foul play and a request for a recount. The court emphasizes the importance of free and fair elections, public participation, equality, and the integrity of the vote within India’s democratic system, referencing established legal precedents on when a vote recount is justified, especially regarding the secrecy of the ballot.
U.P. Panchayat Raj Act, 1947, Section 12-C – Election for post of ‘Pradhan’ – Challenge as to – Election petition – Recount of votes – Whether the Sub-Divisional Magistrate, was justified in ordering a recount of the votes cast? – Allegation made is that there is a disparity in the count of votes informed to the appellant and that finally disclosed in the official form – It relates to 19 votes, i.e., the difference between 1193 and 1213 – The margin of victory of the respondent was 37 votes, and so, in a sense, victory of position would remain yet elusive of the appellant – However, this Court’s concern lies away from who is in power, and instead is in how one got to power – This process has to be in accordance with constitutional principles and established norms – if not, then such a person has to be deprived of the power, and the decision-making by the people must begin once more – It has also come on record that deliberate attempts have been made to benefit the ultimate victor such as the use of police force to remove the appellant from the vicinity of the polling area – The diary of the Presiding Officer of the polling booths, which is an essential document recording the casting of votes, could not be found despite a concerted effort – If the Presiding Officers’ records are missing and cannot be verified, it can be found that the final conclusion is within the realm of questionability – Each and every document pertaining to an election is important and all efforts should be made to preserve the same – Three of the four candidates question the veracity of the election and the manner in which it was conducted, and that important documents pertaining to the election are missing and such absence is unexplained, we are of the view in the present facts that a recount would be justified – Judgment of the High Court liable to be set aside and order passed by the Sub-Divisional Magistrate in Election Petition restored – Registry directed to communicate a copy of this judgment to the Registrar General, High Court who shall ensure passage of the same to the concerned Magistrate, enabling them to set a date for recount of the result after hearing the parties.
(Para 14 to 20)
Vijay Bahadur V. Sunil Kumar
Supreme Court: 2025 INSC 332: (DoJ 06-03-2025)
