MEENA CHAUDHARY SHARMA Vs. NEW DELHI BAR ASSOCIATION PATIALA HOUSE
LAWS(DLH)-2007-7-59
HIGH COURT OF DELHI
Decided on July 27,2007

MEENA CHAUDHARY SHARMA Appellant
VERSUS
NEW DELHI BAR ASSOCIATION, PATIALA HOUSE COURTS, NEW DELHI Respondents

JUDGEMENT

SHIV NARAYAN DHINGRA, J. - (1.) This application under Section 151 CPC has been made on behalf of the applicant praying therein that the Local Commissioner be directed to recount the entire votes polled for the post of Secretary in the election held on 19th January, 2007 and then declare the result.
(2.) This Court appointed a Local Commissioner for completing the counting of votes due to the trouble which arose at the elections. Counting was done on 3rd April, 2007 and the applicant polled 25 votes and the rival of applicant Sh. Jagdeep Vats polled 27 votes out of 111 votes. An application was moved before the Local Commissioner appointed by this Court for recounting. After recounting of 111 votes the applicant got 27 votes while Jagdeep Vats got 31 votes. It is stated that there was error apparent in the counting of 111 votes and the final difference between votes of two contestants was only four and the margin of votes of other candidate Mr. Jagdeep Vats was only four. Therefore, it is prayed that entire recounting of all the votes be ordered by this Court.
(3.) A perusal of the report of the Local Commissioner would show that at the request of the applicant, recounting was done and after recounting the applicant lost the elections by four votes. It has not been stated by the applicant as to what was the error in recounting. I consider that the process of recounting has to come to an end and cannot be a perpetual process. Once a request for recounting made by the applicant to the Local Commissioner is allowed and recounting is done, another recounting cannot be ordered by this Court. The counting of votes was done under the supervision of the Local Commissioner in presence of senior advocates of New Delhi Bar Association. Merely because the margin of victory is less, the Court cannot resort to recountings one after another.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.