Law: Representation of the People Act, 1976

Section: 46,64,39,46(1)(2)

Law: Representation of the People Act, 1976

Section: 46,64,39,46(1)(2)

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 39, 46, 52 & 64---Election petition---Recounting of ballot papers---Petitioner/unreturned candidate agitated before Returning Officer for recount of valid ballot papers cast in election---Plea of petitioner was accepted, but Returning Officer, confined the recount proceedings to two Polling Stations only---Subsequently without disclosure of grounds in the order-sheet, the Returning Officer further restricted the recount to only one Polling Station, whereas the petitioner apprehended that miscount or wrongful count was made at all the Polling Stations---Consolidation of result made by Returning Officer had shown, that errors were committed in the counting of votes done by Presiding Officers of several Polling Stations---With regard to recount, Returning Officer accepted plea raised by the petitioner to the extent of two Polling Stations, but in fact recount was limited to the result of only one Polling Station, without any reason for such curtailment---To that extent, the recount contemplated by the Returning Officer on record, conflicted with the recount conducted by him---Such default merited correction---Order whereby plea of the petitioner for recounting was accepted, had mentioned consent of the parties for limiting the recount proceedings to two Polling Stations---Consent of the parties, to the further restriction of the recounting of one Polling Station was not substantiated from the record---Even for the one Polling Station, where recount was conducted, the Returning Officer concluded that the votes had been wrongly treated as valid and counted in favour of respondent/Returned Candidate---Contention of the petitioner was that there being a total of 275 Polling Stations, exercise of recount must be continued---Record, in circumstances, contained elements justifying a wider recount, however, one aspect which required elaboration by counsel for the parties before proceeding further, was the number of sample Polling Stations to be recounted and characteristics which should define a sample---Case was fixed for submissions of counsel for parties on the said point. (b) Representation of the…

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