RATNESH Vs. RAMESH CHANDRA

JUDGEMENT

(1.) The petitioner is the elected candidate. The respondent No. 1 being aggrieved by the result filed an Election petition. Allegation of irregularities committed in the election and illegal reception of votes has been alleged in paragraph Nos. 11 and 12 of the election petition. The petitioner has denied these allegations. The Tribunal on the basis of the material facts framed several issues. Issues No. 4, 6, 9 and 10 relate to the irregularities committed by the petitioner and his agents in the election process as well as illegal reception of votes. Evidence by the both the sides has been led. The Tribunal without adverting to the material facts and without considering the evidence led has issued an order dated 3.5.2013 directing recounting of the votes on the sole ground that these issues can only be decided after recounting of the votes and only on that basis it could be known that the allegation made in the election petition is correct or not.

(2.) In the light of the aforesaid principle of law, the Court finds that in the instant case the assertion of facts have been made in paragraphs 11 and 12 of the election petition. With regard to the alleged irregularities, issues have been framed and oral and documentary evidence has presumably been filed. In the instant case, the Court finds that there is no discussion of the evidence on any issue framed by the Court. No finding has been given as to whether the evidence has brought out any clinching case or prima facie evidence for recounting of the votes. The Tribunal has only directed recounting of the votes in order to find out as to whether the allegations made in the election petition and the issues framed on its basis was actually correct or incorrect. No finding has been given that on the basis of clinching evidence, a prima facie satisfaction is made out by the Tribunal for recounting of the votes.

(3.) It is of prime importance that the secrecy of the ballot papers is sacrosanct and purity of the election is required to be maintained at all cost. The secrecy of the ballot papers cannot be violated on mere conjectures nor recounting of the votes can be made the basis to bring on record the evidence on the issues so framed. In fact, the issues are required to be decided and on the basis of the finding given on the issues, a prima facie case, if any, is required to be given by the Tribunal for recounting of the votes which in the instant case has not been done. In view of the aforesaid this Court is of the opinion that no clinching evidence or finding has been given by the Tribunal to show any irregularity or illegality in the counting of the votes or in the reception of the votes. No finding has been given on issues No. 4, 6, 9 and 10.