SADHU SINGH versus DARSHAN SINGH AND ANR.
The conditions precedent necessary for a direction of recounting of votes stand satisfied, as a finding of fact was reached that the first respondent raised an objection to the counting, pleaded specific irregularities, and offered evidence. No case for interference with the impugned judgment is made out.
- Parties
- Appellant: Sadhu Singh; Respondent: Darshan Singh; Respondent: Presiding Officer (Gram Panchayat Election)
- Jurisdiction
- India
- Judgment Date
- 26 July 2006
- Procedural Posture
- Civil Appeal / Supreme Court Appellate Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Recounting of Votes, Election Petition, Relevant Factors for Recounting, Findings of Fact
Case Brief
Summary, issues, holding and outcome
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Parties
Sadhu Singh
Appellant
Darshan Singh
Respondent
Presiding Officer (Gram Panchayat Election)
Respondent
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Legal Issues
- 1 Whether the conditions precedent for direction of recounting of votes were satisfied in the election petition.
- 2 Whether interference with the judgments of courts below directing recount is warranted.
Ratio Decidendi
The conditions precedent necessary for a direction of recounting of votes stand satisfied, as a finding of fact was reached that the first respondent raised an objection to the counting, pleaded specific irregularities, and offered evidence. No case for interference with the impugned judgment is made out.
Court Disposition
Appeal dismissed
Orders
- No case for interference with the impugned judgment directing recounting of votes. No costs.
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