BALDEV SINGH versus SHINDER PAL SINGH AND ANR.

BALDEV SINGH versus SHINDER PAL SINGH AND ANR.

Verification of election petition must adhere strictly to Order VI Rule 15 CPC. Recounting should not be directed unless sufficient grounds are established and pleadings are clear. Election Tribunal and High Court erred in directing recounting contrary to statutory provisions and oral evidence; official acts in conducting draw of lots and election declaration should be presumed valid.

Parties
Appellant: Baldev Singh; Respondent No. 1: Shinder Pal Singh; Respondent No. 2: Bhola Singh
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; Tribunal and High Court decisions set aside
Legal Topics
Gram Panchayat Elections, Recounting of Votes, Draw of Lots, Verification of Election Petition, Tie in Election Results
Election Law Gram Panchayat Elections Recounting of Votes Draw of Lots Verification of Election Petition Tie in Election Results

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Parties

Baldev Singh

Appellant

Shinder Pal Singh

Respondent No. 1

Bhola Singh

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether recounting of votes was properly directed by the Election Tribunal and affirmed by High Court
  2. 2 Whether procedure of verification of election petition was followed as per Order VI Rule 15 CPC
  3. 3 Whether draw of lots and declaration of elected candidate complied with statutory rules

Ratio Decidendi

Verification of election petition must adhere strictly to Order VI Rule 15 CPC. Recounting should not be directed unless sufficient grounds are established and pleadings are clear. Election Tribunal and High Court erred in directing recounting contrary to statutory provisions and oral evidence; official acts in conducting draw of lots and election declaration should be presumed valid.

Court Disposition

Appeal allowed; Tribunal and High Court decisions set aside

Orders

  • Tribunal's and High Court's decision are set aside
  • Appellant declared as elected Sarpanch