Supreme Court of India · 1972-11-09
SUMITRA DEVI vs SHRI SHEO SHANKER PRASAD YADAV & ORS.
- Citation / case number
- SC 1972/60346
- Court
- Supreme Court of India
- Petitioner
- SUMITRA DEVI
- Respondent
- SHRI SHEO SHANKER PRASAD YADAV & ORS.
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of an election petition under Section 116-A of the Representation of the People Act, 1951, challenging the election of Respondent No. 1 due to alleged irregularities in vote counting. The Court emphasized that it will not interfere with factual findings unless there is a grave error, and found the High Court justified in rejecting the application for inspection of ballot papers due to vague allegations and unreliable evidence. The Court reiterated that a recount is not a right but contingent on demonstrating good grounds for believing a counting mistake occurred.