P.K.K. SHAMSUDEEN vs K.A.M. MAPPILLAI MOHINDEEN & ORS.

The Supreme Court held that the right of a defeated candidate to seek recounting of votes is subject to the principle that the secrecy of the ballot is sacrosanct. The Court emphasized that a prima facie case must be established by the petitioner to justify a recount, and that the justification for such an order must come from the evidence presented prior to the recount, not from the recount results themselves. The Court dismissed the Special Leave Petition, affirming the High Court's decision to restore the election result in favor of the first respondent, as the petitioner failed to substantiate a compelling case for recounting.