This judgment dismisses a writ petition challenging an Election Tribunal's order refusing to allow a ballot recount. The court held that strict procedural requirements for pleadings justifying a recount were not met.
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W.P. (C) No.3958 of 2018
02. 09.04.2018 Heard learned counsels for the parties.
The present petition has been filed challenging the order dated 05.02.2018 passed by the learned Civil Judge (Jr. Division), Kendrapara-cum-Election Tribunal in Election Misc. Case No.2 of 2017 refusing to allow recounting of ballots.
As per the requirement of law, in a case necessitating recounting of ballots, required pleadings are to be there in the petition justifying recounting, and after closure of evidence corroborating such pleadings the order of recounting can be made. Such a strict procedure has been adopted by the judicial decisions, because secrecy of ballot is very much sacrosanct.
In the present case, the pleading regarding recounting of ballots is stated to be there in paragraph-6 of the Election Petition. Paragraph-6 of the Election Petition shows that there is only an omnibus allegation to the effect that the number of votes secured by the petitioner and his adversary has been reversed to show his adversary elected, though the petitioner in fact had secured highest number of votes. There is no pleading to the effect as to on which table the countings were made, as to who was the Election Agent of the petitioner, as to whether any objection was raised, as to whether any deposit was made as required under the Election Rules for registration of objection, and so on and so forth.
Learned Election Tribunal has taken into consideration all these aspects in the impugned order while coming to the conclusion in refusing to grant the prayer of recounting.
2
Learned counsel for the petitioner submits that, in the evidence stage the Election Agents have been examined and contemporaneous evidence have been elicited from them. It is however well settled in law that, any evidence beyond pleadings is no evidence, especially when an Election Proceeding has the trapping of a Civil Suit.
Taking into consideration all the aforesaid facts, I do not find any merit in this writ petition and accordingly the same is dismissed.
Parida
C.R. Dash, J.
1 issue framed by the court
Whether a recounting of ballots can be granted when the Election Petition contained only an omnibus allegation without specific pleadings regarding tables, election agents, objections, or deposits as
Petitioner
Respondent
C.R. Dash
As recorded by the court registry
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