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Supreme Court of India 2023-08-16 dismissed

DHARMIN BAI KASHYAP vs BABLI SAHU & OTHERS

Bench: 2 — Bela M. Trivedi, S.V.N. Bhatti

In Brief

In a Gram Panchayat election in Chhattisgarh, the elected Sarpanch's opponent filed an election petition seeking only recounting of votes at three booths, citing poor lighting during counting. The Sub-Divisional Officer allowed this and ordered a recount, after which the petitioner was declared elected. The High Court Division Bench reversed, finding the petition failed to comply with Rule 6 of the election rules, which requires petitioners to seek declarations about the validity of the election and candidates' election, not merely recounting. The Supreme Court upheld the reversal, holding that election petitions must strictly follow prescribed statutory procedures. While courts may order recounting where warranted by evidence, the petition itself must seek the mandatory declarations under Rule 6, not just recounting alone.

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Election Law Panchayat Law Statutory Procedure Election Petition Recounting of Votes

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