KATTINOKKULA MURALI KRISHNA versus VEERAMALLA KOTESWARA RAO & ORS .

KATTINOKKULA MURALI KRISHNA versus VEERAMALLA KOTESWARA RAO & ORS .

An order for inspection and re-count of ballot papers cannot be made as a matter of course; re-count requires adequate statement of material facts in the petition and cogent evidence. Both the Election Tribunal and the High Court erred in ordering recount based on irrelevant factors such as the doctrine of prejudice...

Source-derived case information.

Parties
Appellant: Kattinokkula Murali Krishna; Respondent: Veeramalla Koteswara Rao; Respondent: Election Officer (Respondent No. A)
Jurisdiction
India
Judgment Date
23 November 2009
Procedural Posture
Civil Appeal / Appeal Against High Court Decision Affirming Election Tribunal Order for Recount
Outcome
Appeal allowed
Legal Topics
Re Counting of Votes, Panchayat Elections, Material Facts in Election Petitions, Burden of Proof in Election Disputes
Election Law Re Counting of Votes Panchayat Elections Material Facts in Election Petitions Burden of Proof in Election Disputes

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Parties

Kattinokkula Murali Krishna

Appellant

Veeramalla Koteswara Rao

Respondent

Election Officer (Respondent No. A)

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Decision Affirming Election Tribunal Order for Recount

Legal Issues

  1. 1 Whether the order for re-count of votes in Panchayat elections can be made as a matter of course
  2. 2 Whether material facts and adequate grounds for recount were stated and proved in the election petition
  3. 3 Who bears the onus to prove irregularity or illegality in the election process

Ratio Decidendi

An order for inspection and re-count of ballot papers cannot be made as a matter of course; re-count requires adequate statement of material facts in the petition and cogent evidence. Both the Election Tribunal and the High Court erred in ordering recount based on irrelevant factors such as the doctrine of prejudice or narrow vote margin. Election petitions lacking material facts must be dismissed; secrecy of ballot is fundamental.

Court Disposition

Appeal allowed

Orders

  • Order of recount passed by Election Tribunal and affirmed by High Court is set aside.
  • Appellant is entitled to costs, quantified at Rs.20,000/-