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).