AMARJIT SINGH versus CHARANJIT SINGH AND ORS.

AMARJIT SINGH versus CHARANJIT SINGH AND ORS.

The Presiding Officer cannot direct a re-poll in the guise of recounting votes after votes by show of hands are recorded and counted; once the result is declared, it is final unless a poll is validly demanded.

Parties
Petitioner: Amarjit Singh; Respondents: Charanjit Singh and Ors.
Jurisdiction
India
Judgment Date
08 January 2004
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP
Outcome
Petition dismissed.
Legal Topics
Re Poll, Voting Procedure, Show of Hands, Finality of Voting, Presiding Officer's Power
Election Law Municipal Law Re Poll Voting Procedure Show of Hands Finality of Voting Presiding Officer's Power

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Parties

Amarjit Singh

Petitioner

Charanjit Singh and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP

Legal Issues

  1. 1 Whether the Presiding Officer could direct a re-poll after voting by show of hands was recorded and counted under Punjab Municipal (President and Vice-President) Election Rules, 1994
  2. 2 Whether it was permissible to change a member's vote after it was recorded

Ratio Decidendi

The Presiding Officer cannot direct a re-poll in the guise of recounting votes after votes by show of hands are recorded and counted; once the result is declared, it is final unless a poll is validly demanded.

Court Disposition

Petition dismissed.

Orders

  • Special leave petition is dismissed.