AZMAT KHAN versus KHILLAN SINGH & OTHERS

AZMAT KHAN versus KHILLAN SINGH & OTHERS

Since the appellant had filed a recrimination petition and the parties agreed to recount, the result of the recount, which showed respondent No. 1 with the highest valid votes, correctly determined the election outcome. The facts of Jabar Singh v. Genda Lal were distinguishable because in that case the returned candidate did not recriminate.

Parties
Appellant: Azmat Khan; Respondent: Khillan Singh
Jurisdiction
India
Judgment Date
08 November 1983
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in Election Petition No.2 of 1982
Outcome
Appeal dismissed
Legal Topics
Recrimination Petition, Representation of the People Act, 1951 Section 97, Vote Counting, Recount Procedure
Election Law Recrimination Petition Representation of the People Act, 1951 Section 97 Vote Counting Recount Procedure

Case Brief

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Parties

Azmat Khan

Appellant

Khillan Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in Election Petition No.2 of 1982

Legal Issues

  1. 1 Necessity and effect of recrimination petition under Representation of the People Act, 1951 section 97
  2. 2 Validity of election result after recount

Ratio Decidendi

Since the appellant had filed a recrimination petition and the parties agreed to recount, the result of the recount, which showed respondent No. 1 with the highest valid votes, correctly determined the election outcome. The facts of Jabar Singh v. Genda Lal were distinguishable because in that case the returned candidate did not recriminate.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs