T.A. AHAMMED KABEER versus A.A. AZEEZ AND ORS.

T.A. AHAMMED KABEER versus A.A. AZEEZ AND ORS.

Once jurisdiction for recount is properly exercised, its result is binding regardless of divergence with pleadings. Mechanical recounting of votes after decoding electronic voting machines is allowed under Section 100(1)(d)(iv), and enquiry under Section 97 with Section 100(1)(d)(iii) is only barred where adjudication of validity/acceptance/rejection of votes is involved. The election was not materially affected; therefore, dismissal of the petition is proper.

Parties
Appellant: T.A. Ahammed Kabeer; Respondent No. 1: A.A. Azeez; Respondent No. 2: Respondent No. 2; Respondent No. 4: Respondent No. 4; Respondent No. 5: Respondent No. 5
Jurisdiction
India
Judgment Date
10 April 2003
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Election Petition by Kerala High Court
Outcome
Appeals dismissed.
Legal Topics
Recounting of Votes, Jurisdiction Under Representation of the People Act, 1951, Electronic Voting Machine Decoding, Recrimination Petitions
Election Law Recounting of Votes Jurisdiction Under Representation of the People Act, 1951 Electronic Voting Machine Decoding Recrimination Petitions

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Parties

T.A. Ahammed Kabeer

Appellant

A.A. Azeez

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 4

Respondent No. 4

Respondent No. 5

Respondent No. 5

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Election Petition by Kerala High Court

Legal Issues

  1. 1 Whether the High Court could go beyond the pleadings in the Recrimination Petition during recount and decoding of votes
  2. 2 Scope of enquiry under Sections 100(1)(d)(iii) and (iv) of the Representation of the People Act, 1951
  3. 3 Applicability of bar to enquiry under Section 97 read with Section 100(1)(d)(iii)

Ratio Decidendi

Once jurisdiction for recount is properly exercised, its result is binding regardless of divergence with pleadings. Mechanical recounting of votes after decoding electronic voting machines is allowed under Section 100(1)(d)(iv), and enquiry under Section 97 with Section 100(1)(d)(iii) is only barred where adjudication of validity/acceptance/rejection of votes is involved. The election was not materially affected; therefore, dismissal of the petition is proper.

Court Disposition

Appeals dismissed.

Orders

  • Appeals are dismissed as devoid of any merit.