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april 2004

Supreme Court of India · 2004-04-05

CHANDRIKA PRASAD YADAV vs STATE OF BIHAR .

Citation / case number
SC 2002/24964
Court
Supreme Court of India
Petitioner
CHANDRIKA PRASAD YADAV
Respondent
STATE OF BIHAR .
Author
,S.B. SINHA,S.H. KAPADIA.
Bench
CJI,S.B. SINHA,S.H. KAPADIA.

Judgment text excerpt

The Supreme Court addressed the jurisdiction of election tribunals to order recounting of votes, specifically in the context of the election for Mukhiya of Raj Gamhariya, Gram Panchayat. The Court held that the election tribunal has the authority to direct recounting if it finds sufficient grounds, overruling the previous requirement established in Ram Rati v. Saroj Devi, which mandated an application for recounting to be filed before the returning officer. The Court ultimately allowed the appeal, affirming the election tribunal's decision to recount the votes.

CHANDRIKA PRASAD YADAV vs STATE OF BIHAR . · Niyam