MAHENDRA PAL versus SHRI RAM DASS MALANGER AND ORS.

MAHENDRA PAL versus SHRI RAM DASS MALANGER AND ORS.

The appellant failed to produce evidence or examine witnesses to establish that the 8 excess ballot papers were improperly received, or that any votes were invalidly accepted or rejected affecting his result; minor discrepancies are attributable to clerical or arithmetical error and are insufficient to order a recount, especially where no objections were raised contemporaneously.

Parties
Appellant: Mahendra Pal; Respondent 1: Shri Ram Dass Malanger; Respondents: Others
Jurisdiction
India
Judgment Date
01 March 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal on Dismissal of Election Petition by High Court After Remand
Outcome
Appeal dismissed
Legal Topics
Recount of Votes, Material Discrepancy in Counting, Section 100(1)(d)(iii) Representation of People Act 1951, Burden of Proof in Election Petition
Election Law Recount of Votes Material Discrepancy in Counting Section 100(1)(d)(iii) Representation of People Act 1951 Burden of Proof in Election Petition

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Parties

Mahendra Pal

Appellant

Shri Ram Dass Malanger

Respondent 1

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal on Dismissal of Election Petition by High Court After Remand

Legal Issues

  1. 1 Whether a discrepancy of 8 votes between ballot papers issued and votes counted—where the margin of victory is 3 votes—warrants a recount under Section 100(1)(d)(iii) of the Representation of People Act, 1951
  2. 2 Whether the appellant established improper reception, refusal, or rejection of votes, or any significant irregularity in counting

Ratio Decidendi

The appellant failed to produce evidence or examine witnesses to establish that the 8 excess ballot papers were improperly received, or that any votes were invalidly accepted or rejected affecting his result; minor discrepancies are attributable to clerical or arithmetical error and are insufficient to order a recount, especially where no objections were raised contemporaneously.

Court Disposition

Appeal dismissed

Orders

  • Impugned order of the High Court upheld
  • Appeal dismissed with costs throughout