Latest Important Judgments

367. Election of Pradhan -- Recounting of votes – Disparity in the count of votes informed to the appellant and finally disclosed in the official form -- It relates to 19 votes, i.e., the difference between 1193 and 1213 -- Margin of victory of the respondent was 37 votes, and so, in a sense, victory of position would remain yet elusive of the appellant – Held, process has to be in accordance with constitutional principles and established norms -- Each vote has its own value irrespective of its effect in the final outcome of the election, its sanctity has to be protected -- It was a four-sided election, i.e., four persons were contesting for the post of ‘Pradhan’ -- Three of the four persons submitted by way of affidavit that they had doubts regarding the propriety of the election, and they would support a recount of votes -- Deliberate attempts made to benefit the ultimate victor such as the use of police force to remove the appellant from the vicinity of the polling area – Diary of the Presiding Officer of the polling booths, which is an essential document recording the casting of votes, could not be found despite a concerted effort -- If the Presiding Officers’ records are missing and cannot be verified, it can be found that the final conclusion is within the realm of questionability -- Each and every document pertaining to an election is important and all efforts should be made to preserve the same – Recounting is held to be justified. (SC) Decided on: 06.03.2025