BALDEV SINGH vs TEJA SINGH SWATANTAR (DEAD) & ORS.

The Supreme Court held that the Returning Officer erred in disallowing the recount of votes under Rule 63 of the Conduct of Election Rules, emphasizing that a recount should not be dismissed as frivolous when the margin of victory is minimal. The Court found no evidence of official bias or violation of rules, as the recount revealed similar errors for both candidates. Ultimately, the election petition was dismissed, affirming the High Court's decision not to order a recount despite procedural lapses by the Returning Officer.