KAKVANI HASUMAL LILARAM Vs. BHAKHRANI GAFAR ALIMOHAMED

JUDGEMENT

(1.) B. K. MEHTA J.

(2.) (His Lordship held after considering sec. 19 of the Gujarat Municipalities Act 1963 and Rules 22 26 33 35 39 40 and 41 of the Gujarat Municipalities Election Rules 1964 that it cannot be gain said that the principle of secrecy of ballot papers is completely incorporated in the said statute. Similarly in view of sec. 30 of the Gujarat Panchayats Act 1961 and Rules 22 23 29 31 33 39 40 and 41 of the Gujarat Gram and Nagar Panchayats Election Rules 1962 the principle of secrecy of ballot papers is also incorporated in the said statute and the Rules framed thereunder. The principle laid down by the Supreme Court in Ram Sevak Yadav v. Hussain Kamil Kidwai & Ors. A.I.R. 1964 S.C. 1249 and Jitendra Bahadur Singh v. Krishna Bihari Ors. A.I.R. 1970 S.C. 227 would be applicable. Therefore the basic requirements to be satisfied before an Election Tribunal or a Judge hearing election petition can order the recount and scrutiny of votes as to the statement of material facts for the prima facie satisfaction of the Tribunal or Judge must be complied with. His Lordship further observed:-