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.