SMT RAM RATI versus SAROJ DEVI AND ORS.

SMT RAM RATI versus SAROJ DEVI AND ORS.

The essential condition precedent for a recount is a written application to the Returning Officer with reasons stated; since there was no evidence of such an application, the Tribunal's order for recount was a manifest error.

Parties
Appellant: Smt. Ram Rati; Respondents: Saroj Devi and Ors.
Jurisdiction
India
Judgment Date
25 April 1997
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh High Court Decision in W.p. No. 632 of 1995
Outcome
Appeal allowed
Legal Topics
Recount of Votes, Panchayat Elections, Election Petition, Procedural Requirements for Recount
Election Law Recount of Votes Panchayat Elections Election Petition Procedural Requirements for Recount

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Parties

Smt. Ram Rati

Appellant

Saroj Devi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh High Court Decision in W.p. No. 632 of 1995

Legal Issues

  1. 1 Whether the respondent made any application in writing to the Returning Officer for recounting votes as required under Rule 76 of the M.P. Panchayat Election Rules, 1994

Ratio Decidendi

The essential condition precedent for a recount is a written application to the Returning Officer with reasons stated; since there was no evidence of such an application, the Tribunal's order for recount was a manifest error.

Court Disposition

Appeal allowed

Orders

  • The orders of the Tribunal and the High Court are set aside.
  • No costs awarded.