The Hindu : SC ruling on recounting of votes

Online edition of India's National Newspaper
Thursday, Nov 28, 2002

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SC ruling on recounting of votes

By Our Legal Correspondent

NEW DELHI NOV. 27. The Supreme Court has held that in any election after the declaration of results, the Returning Officer has no power either to direct recount or to change the results of the election.

A three-Judge Bench, comprising M.B. Shah, S.N. Variava and D.M. Dharmadhikari, giving this ruling, pointed out that under the relevant provisions once the result was completed and signed, no application for recount could be entertained.

The Bench noted that after the counting of votes, the Returning Officer shall prepare a return and declare the candidate, who had the largest number of votes, elected and a certificate was to be granted to the returned candidate.

After such a certificate had been granted, the election officer or the Returning Officer could only correct clerical or arithmetical mistakes but he could not order a recount. Once the result was declared, the only remedy of an aggrieved party was an election petition, it said.

In this case, Sohan Lal, was declared elected as sarpanch of a gram panchayat in the elections held in January 2000 and after counting of votes he was orally informed that he had been elected. But when the result was officially declared, Babu Gandhi was declared elected. However, based on High Court direction, a recount was held and Mr. Sohan Lal was declared elected.

On a fresh writ petition by Mr. Gandhi, the High Court set aside the order and declared him elected. The present special leave petition by Mr. Lal was directed against this judgment. Setting aside the High Court order, the Supreme Court asked it to decide the case on merits.

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