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november 1972

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.

SUMITRA DEVI vs SHRI SHEO SHANKER PRASAD YADAV & ORS. · Niyam