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december 1974

Supreme Court of India · 1974-12-13

SURESH PRASAD YADAV vs JAI PRAKASH MISHRA & ORS.

Citation / case number
SC 1973/60280
Court
Supreme Court of India
Petitioner
SURESH PRASAD YADAV
Respondent
JAI PRAKASH MISHRA & ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that a recount of ballot papers can only be ordered if the election petition adequately states material facts regarding alleged irregularities, prima facie evidence supports these allegations, and the court finds a recount necessary for justice. In this case, the appellant's claims of unauthorized counting supervisors and irregularities in ballot counting were not substantiated, leading to the dismissal of the appeal. The court emphasized the need for clear evidence before ordering a recount under the Conduct of Election Rules, specifically Rules 38(1) and 93(1).

SURESH PRASAD YADAV vs JAI PRAKASH MISHRA & ORS. · Niyam