JABAR SINGH versus GENDA LAL

JABAR SINGH versus GENDA LAL

The Election Tribunal cannot order a general recount and scrutiny of all votes unless proper recrimination is filed under s.97; in absence of such recrimination, the scope of enquiry is limited and the returned candidate cannot attack the claim for declaration of election of another candidate. Improperly received or rejected votes must be pleaded with particularity, and only those specified in pleadings may be considered. The Tribunal was correct in refusing to grant declaration to the respondent, and in setting aside the appellant's election, considering only pleaded allegations.

Parties
Appellant: Jabar Singh; Respondent: Genda Lal
Jurisdiction
India
Judgment Date
19 December 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madhya Pradesh High Court
Outcome
appeal dismissed
Legal Topics
Scope of Enquiry Under Representation of the People Act, Improper Acceptance/rejection of Votes, Recrimination Under Section 97, Election Petitions
Election Law Scope of Enquiry Under Representation of the People Act Improper Acceptance/rejection of Votes Recrimination Under Section 97 Election Petitions

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Parties

Jabar Singh

Appellant

Genda Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Madhya Pradesh High Court

Legal Issues

  1. 1 Nature and scope of enquiry under sections 97, 100, and 101 of Representation of the People Act, 1951
  2. 2 Eligibility to plead improper acceptance/rejection of votes without recrimination under s.97
  3. 3 Whether Tribunal is competent to re-examine votes and order recount in absence of recrimination

Ratio Decidendi

The Election Tribunal cannot order a general recount and scrutiny of all votes unless proper recrimination is filed under s.97; in absence of such recrimination, the scope of enquiry is limited and the returned candidate cannot attack the claim for declaration of election of another candidate. Improperly received or rejected votes must be pleaded with particularity, and only those specified in pleadings may be considered. The Tribunal was correct in refusing to grant declaration to the respondent, and in setting aside the appellant's election, considering only pleaded allegations.

Court Disposition

appeal dismissed

Orders

  • Election of appellant Jabar Singh set aside
  • Refusal to grant declaration to respondent Genda Lal as duly elected