CHANDESHWAR SAW versus BRIJ BHUSHAN PRASAD & ORS.

CHANDESHWAR SAW versus BRIJ BHUSHAN PRASAD & ORS.

The Division Bench erred in reversing the Election Tribunal and Single Judge without analysing pleadings and evidence; the Tribunal was justified in ordering a recount on the material and witness evidence showing serious irregularities; the recount produced a result showing the appellant secured 95 more valid votes than respondent No.1, and therefore under Section 140 of the Bihar Panchayat Raj Act, 2006 the election of respondent No.1 is set aside and the appellant is declared duly elected.

Parties
Appellant / Election Petitioner: Chandeswar Saw; Respondent No. 1 / Returned Candidate: Brij Bhushan Prasad; Respondents: Others
Jurisdiction
India
Judgment Date
28 January 2020
Procedural Posture
Civil Appeal / Final Judgment on Appeal to the Supreme Court From High Court Letters Patent Appeal
Outcome
Appeal allowed. Impugned judgment of the High Court (Division Bench) set aside; election petition allowed; election of respondent No.1 set aside and appellant declared duly elected under Section 140 of the Bihar Panchayat Raj Act, 2006.
Legal Topics
Recount of Votes, Election Petition, Declaration Under Section 140 Bihar Panchayat Raj Act, 2006, Proceedings Under Section 340 Cr.p.c., High Court Supervisory Jurisdiction
Election Law Panchayat Raj Act Criminal Procedure Recount of Votes Election Petition Declaration Under Section 140 Bihar Panchayat Raj Act, 2006 Proceedings Under Section 340 Cr.p.c. High Court Supervisory Jurisdiction

Case Brief

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Parties

Chandeswar Saw

Appellant / Election Petitioner

Brij Bhushan Prasad

Respondent No. 1 / Returned Candidate

Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal to the Supreme Court From High Court Letters Patent Appeal

Legal Issues

  1. 1 Whether the Election Tribunal correctly directed a recount of votes in the facts of the case
  2. 2 Whether the Division Bench of the High Court erred in reversing the Tribunal and Single Judge without analysing pleadings and evidence
  3. 3 Whether, after recount, declaration under Section 140 of the Bihar Panchayat Raj Act, 2006 could be issued declaring petitioner elected

Ratio Decidendi

The Division Bench erred in reversing the Election Tribunal and Single Judge without analysing pleadings and evidence; the Tribunal was justified in ordering a recount on the material and witness evidence showing serious irregularities; the recount produced a result showing the appellant secured 95 more valid votes than respondent No.1, and therefore under Section 140 of the Bihar Panchayat Raj Act, 2006 the election of respondent No.1 is set aside and the appellant is declared duly elected.

Court Disposition

Appeal allowed. Impugned judgment of the High Court (Division Bench) set aside; election petition allowed; election of respondent No.1 set aside and appellant declared duly elected under Section 140 of the Bihar Panchayat Raj Act, 2006.

Orders

  • Impugned judgment and order dated 27.08.2019 set aside
  • Election Case No. 08/2016 filed by the appellant is allowed