KALYAN CHANDAR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petition seeks a seemingly innocuous relief. The Petitioner was a candidate at the election to the Managing Committee of the Agricultural Produce Market Committee ("APMC"), Daund. Apparently, he lost the election by a solitary vote. The election was held around 20/4/2023 and the results were declared on 29/4/2023. The Petitioner immediately sought a recount of the votes. It is this application that is most vigorously opposed, i.e., an application for a recount by a person who lost the election by a single vote.

(2.) On behalf of the contesting Respondents, it is alleged that the Petitioner is guilty of suppression because he has not pointed out that he refused to sign a handwritten sheet dtd. 29/4/2023 by which the Returning Officer simply recalculated or recomputed the total tally in his summary sheet. There was no recounting of the ballots cast. It is submitted that this is sufficient and the Petition ought to be dismissed.

(3.) We disagree. The intention is not to ask for an exercise in arithmetic of totalling numbers but for a recount of the ballots cast. This has admittedly never been done.