Case Note & Summary
The appeal arose from a Gram Panchayat election for the post of Mukhia held on 6 May 2016. The appellant, Chandeshwar Saw, and respondent No. 1, Brij Bhushan Prasad, were among 13 candidates. After counting on 4 June 2016, respondent No. 1 was declared elected by a margin of 154 votes. The appellant alleged irregularities during counting, including that his valid votes with a swastika symbol in light ink were rejected, while invalid votes for respondent No. 1 were counted. He filed an election case before the Election Tribunal seeking recounting and setting aside of the election. The Tribunal, after recording evidence, found that Rule 79 of the Bihar Panchayat Election Rules, 2006 was not followed, that the result sheet was irregular, and that recounting was necessary. It declared the election null and void and ordered recounting under the supervision of the District Magistrate. Respondent No. 1 challenged this in the High Court. The learned Single Judge upheld the recounting direction but set aside the order nullifying the election, remitting the matter to the Tribunal for consequential orders after recount. During the pendency of an LPA by respondent No. 1, the Tribunal passed an order on 11 April 2019 directing the District Magistrate to declare the result based on the recount report. The Division Bench, in a common judgment, set aside the recounting order, relying on precedents without analyzing the pleadings or evidence. The Supreme Court allowed the appeal, holding that the Division Bench erred in reversing the well-reasoned findings of the Tribunal and the Single Judge, which were based on evidence establishing a prima facie case for recounting. The Court restored the order of the learned Single Judge and directed the Election Tribunal to proceed in accordance with law.
Headnote
A) Election Law - Recounting of Votes - Prima Facie Case - Bihar Panchayat Election Rules, 2006, Rule 79 - The Election Tribunal found irregularities in counting, including rejection of valid votes due to light ink and acceptance of invalid votes, supported by witnesses. The Supreme Court held that the Division Bench erred in reversing the recount order without analyzing the evidence, as the Tribunal and Single Judge had properly found a prima facie case for recounting (Paras 2-8).
Issue of Consideration
Whether the Division Bench of the High Court was justified in setting aside the order for recounting of votes passed by the Election Tribunal and upheld by the learned Single Judge, without examining the pleadings and evidence on record.
Final Decision
The Supreme Court allowed the appeal, set aside the Division Bench judgment, and restored the order of the learned Single Judge. The Election Tribunal was directed to proceed in accordance with law, considering the recount results already available.
Law Points
- Election law
- Recounting of votes
- Irregularities in counting
- Prima facie case for recount
- Bihar Panchayat Election Rules
- 2006
