SADHU SINGH Vs. DARSHAN SINGH
LAWS(SC)-2006-7-33
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 26,2006

SADHU SINGH Appellant
VERSUS
DARSHAN SINGH Respondents





Cited Judgements :-

ANJALI DEEPAK MUNDLIK VS. RETURNING OFFICER GRAMPANCHAYAT BADNAPUR [LAWS(BOM)-2007-10-164] [REFERRED TO]
BHEESHMA SHARMA VS. SAHAB SINGH CHAUHAN [LAWS(DLH)-2010-3-141] [REFERRED TO]
AMIT NARAIN RAI VS. STATE OF U P [LAWS(ALL)-2012-4-153] [REFERRED TO]
GURNAM BINDRA SINGH VS. KULWANT SINGH [LAWS(P&H)-2010-9-142] [REFERRED TO]
ANJANA SINGH VS. ADDITIONAL DISTRICT JUDGE COURT NO 2 FATEHPUR [LAWS(ALL)-2009-4-732] [REFERRED TO]
GANESH RAM GAYARI VS. BAGDIRAM [LAWS(MPH)-2013-3-45] [REFERRED TO]
SANDHYARANI JENA VS. JHILI JENA [LAWS(ORI)-2012-10-15] [REFERRED TO]
GURNAM BINDRA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-8-125] [REFERRED TO]
MOHD. KAISAR VS. CHHABILI DEVI AND ANR. [LAWS(ALL)-2010-1-295] [REFERRED TO]
ADAIL SINGH MEENA VS. AZMAL KHAN ALIAS CHOTAY AND ORS. [LAWS(ALL)-2010-11-400] [REFERRED TO]
NAIB SINGH VS. PRESIDING OFFICER, ELECTION TRIBUNAL (DEPUTY COMMISSIONER), SANGRUR AND ORS. [LAWS(P&H)-2016-3-28] [REFERRED TO]
BODALA SURESH KUMAR VS. TURIBILLI NARASIMGARAO [LAWS(APH)-2009-4-11] [REFERRED TO]
SMT. GAYATRI DEVI VS. UP ZILA ADHIKARI AND ORS. [LAWS(ALL)-2010-3-316] [REFERRED TO]
SADHU SINGH VS. SUB DIVISIONAL MAGISTRATE-CUM-PRESIDING OFFICER [LAWS(P&H)-2022-9-107] [REFERRED TO]
NATWAR SINGH VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2013-4-187] [REFERRED]
MEGHABEN DATTESHKUMAR AMIN VS. STATE ELECTION COMMISSION [LAWS(GJH)-2018-6-185] [REFERRED TO]
TEKCHAND VS. STATE OF U.P. [LAWS(ALL)-2023-1-167] [REFERRED TO]
PEDDIREDDY VENKATA SATYANARAYANA MURTHY ALIAS CHITTIBABU VS. ELECTION TRIBUNAL CUM PRINCIPAL JUNIOR CIVIL JUDGE [LAWS(APH)-2009-4-43] [REFERRED TO]
PATTI OCHAN VS. K MURUGAN & OTHERS [LAWS(MAD)-2010-12-93] [REFERRED]
MOHINDER SINGH VS. INDER SINGH AND OTHERS [LAWS(P&H)-2015-9-901] [REFERRED TO]
EZHILARASI VS. KAMALA [LAWS(MAD)-2007-11-232] [REFERRED TO]
ANANDA CHANDRA OJHA VS. ASHOK SAHOO [LAWS(ORI)-2013-2-3] [REFERRED TO]
MISHRILAL VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-12-52] [REFERRED TO]
MEGHABEN DATTESHKUMAR AMIN VS. STATE ELECTION COMMISSION [LAWS(GJH)-2018-6-247] [REFERRED TO]
CHAMPA DEVI VS. PRESCRIBED AUTHORITY/SUB DIVISIONAL MAGISTRATE [LAWS(ALL)-2014-12-116] [REFERRED TO]
SURENDRA SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-1-301] [REFERRED TO]
HARBANS KAUR VS. JASVIR KAUR AND ORS. [LAWS(P&H)-2015-7-363] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)The appellant herein contested an election held on 29.6.2003 to the post of Sarpanch of the Gram Panchayat of Village Bareh, Tehsil Budhlada in the State of Punjab. The appellant herein was declared elected. He won by a margin of 11 votes. The 1st respondent filed an election petition, inter alia, contending that while counting the ballot papers, 147 votes were wrongly rejected. It was further averred that the counting staff headed by the Presiding Officer intermingled about 25 ballots, which were polled in his favour in the bundles of the elected candidate and had the said votes been counted in his favour he would have been declared elected. By reason of an order dated 29.6.2004, the Election Tribunal directed recounting of the ballot papers. The validity of the said order was questioned by the appellant herein by filing a revision application before the High Court of Punjab and Haryana, which was numbered as Civil Revision No. 3194 of 2004. By reason of the impugned judgment, the said revision application has been dismissed.
(3.)Mr. C.L. Sahu, learned counsel appearing on behalf of the appellant, inter alia, would submit that the Election Tribunal and the High Court clearly committed an error in directing recounting of the votes. It was urged that while so directing the necessity to maintain secrecy of ballot papers which is sacrosanct, have been overlooked on frivolous, vague and indefinite allegations. There had, thus, been no adequate material, Mr. Sahu would urge, to direct recounting of the votes.


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