SADHU SINGH versus DARSHAN SINGH AND ANR.

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

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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

  1. 1 Whether the conditions precedent for direction of recounting of votes were satisfied in the election petition.
  2. 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.