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october 1982

Supreme Court of India · 1982-10-26

SHRADHA DEVI vs KRISHNA CHANDRA PANT & OTHERS

Citation / case number
SC 1980/63291
Court
Supreme Court of India
Petitioner
SHRADHA DEVI
Respondent
KRISHNA CHANDRA PANT & OTHERS
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Section 81 of the Representation of the People Act, 1951, a petitioner seeking scrutiny and recount must provide prima facie proof of errors in counting. The Court clarified that if errors in counting are established, a recount can be ordered, and the scrutiny cannot be limited to only those ballot papers where errors were identified. The appeal was allowed, overturning the High Court's dismissal of the election petition, thereby affirming the need for proper examination of all ballot papers in question.

SHRADHA DEVI vs KRISHNA CHANDRA PANT & OTHERS · Niyam