Supreme Court of India · 2004-04-05
Chandrika Prasad Yadav vs State Of Bihar & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 2036
- Court
- Supreme Court of India
- Petitioner
- Chandrika Prasad Yadav
- Respondent
- State Of Bihar & Ors
- Author
- S.B. Sinha
- Bench
- Chief Justice, S.B. Sinha, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the jurisdiction of election tribunals regarding the recounting of votes, specifically referencing the overruling of the precedent set in Ram Rati v. Saroj Devi [(1997) 6 SCC 66] by Sohan Lal v. Babu Gandhi [(2003) 1 SCC 108]. The Court held that an election tribunal has the authority to direct recounting of votes if it deems necessary, emphasizing the importance of majority rule in a democracy. The Court ultimately allowed the appeal, reinstating the election tribunal's order for recounting.