JANARDAN DATTUAPPA BONDRE, ETC. versus GOVINDPRASAD SHIVPRASAD CHOUDHARY & ORS. ETC.

JANARDAN DATTUAPPA BONDRE, ETC. versus GOVINDPRASAD SHIVPRASAD CHOUDHARY & ORS. ETC.

Notice of recrimination under section 97 of the Representation of the People Act, 1951 is not required when the recount is a mere mechanical process to correct a counting mistake where validity of the votes is not at issue; the appellant is entitled to have the 250 votes included in his tally as their validity was never disputed, resulting in his being duly elected.

Parties
Appellant: Janardan Dattuappa Bondre; First Respondent: Govindprasad Shivprasad Choudhary; Third Respondent: Keshavrao Jaiwantrao Bahekar; Fifth Respondent: Bharat Rajabhau Bondre; Second Respondent: R. 2 in C.A. 1936 of 1978
Jurisdiction
India
Judgment Date
03 May 1979
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court's Election Petition Decision
Outcome
Appeal allowed (C.A. 1936/78); appeal dismissed (C.A. 2387/78); High Court's order set aside; appellant declared elected; election petition dismissed.
Legal Topics
Recount of Votes, Notice of Recrimination, Mechanical Recount, Representation of the People Act Section 97
Election Law Recount of Votes Notice of Recrimination Mechanical Recount Representation of the People Act Section 97

Case Brief

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Parties

Janardan Dattuappa Bondre

Appellant

Govindprasad Shivprasad Choudhary

First Respondent

Keshavrao Jaiwantrao Bahekar

Third Respondent

Bharat Rajabhau Bondre

Fifth Respondent

R. 2 in C.A. 1936 of 1978

Second Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court's Election Petition Decision

Legal Issues

  1. 1 Whether notice of recrimination under section 97 of the Representation of the People Act, 1951 is necessary for counting votes mechanically misplaced in another candidate's packet
  2. 2 Whether every recount invokes section 97 of the Representation of the People Act, 1951

Ratio Decidendi

Notice of recrimination under section 97 of the Representation of the People Act, 1951 is not required when the recount is a mere mechanical process to correct a counting mistake where validity of the votes is not at issue; the appellant is entitled to have the 250 votes included in his tally as their validity was never disputed, resulting in his being duly elected.

Court Disposition

Appeal allowed (C.A. 1936/78); appeal dismissed (C.A. 2387/78); High Court's order set aside; appellant declared elected; election petition dismissed.

Orders

  • Order of the High Court declaring appellant's election void and fifth respondent duly elected is set aside.
  • Appellant Janardan Dattuappa Bondre is declared elected.