SUMITRA DEVI versus SHRI SHEO SHANKER PRASAD YADAV & ORS.

SUMITRA DEVI versus SHRI SHEO SHANKER PRASAD YADAV & ORS.

The allegations in the election petition were vague, evidence adduced unreliable, and no adequate material facts pleaded to justify inspection; recount and inspection can only be granted on prima facie grounds, not as a matter of course; appeal dismissed.

Parties
Appellant: Sumitra Devi; Respondent No. 1: Shri Sheo Shanker Prasad Yadav
Jurisdiction
India
Judgment Date
09 November 1972
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment in Election Petition No. 2 of 1971
Outcome
Appeal dismissed with costs.
Legal Topics
Inspection of Ballot Papers, Recount of Votes, Election Irregularities
Election Law Inspection of Ballot Papers Recount of Votes Election Irregularities

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Parties

Sumitra Devi

Appellant

Shri Sheo Shanker Prasad Yadav

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment in Election Petition No. 2 of 1971

Legal Issues

  1. 1 Whether the High Court erred in refusing inspection of ballot papers and rejecting the recount application
  2. 2 Whether irregularities in counting materially affected election result

Ratio Decidendi

The allegations in the election petition were vague, evidence adduced unreliable, and no adequate material facts pleaded to justify inspection; recount and inspection can only be granted on prima facie grounds, not as a matter of course; appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Appellant to pay costs