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Dharmin Bai Kashyap vs Babli Sahu & Others

Civil Appeal · 2023 INSC 712Decided 16 Aug 2023
Civil Appeal No. 2517 of 2023
Bela M. Trivedi · S.V.N. Bhatti · Dipankar Datta

Background

In a Gram Panchayat Sarpanch election in Chhattisgarh, the respondent was declared elected. The appellant filed an Election Petition before the Sub Divisional Officer seeking only recounting of votes at three booths, citing insufficient lighting during counting. After recounting, the appellant was declared elected instead, but the High Court's Division Bench set this aside because the petition had not sought the declarations required under the applicable election rules.

Decision Breakdown

The Supreme Court held that under Rule 6 of the Chhattisgarh Panchayat (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, an election petition must claim either a declaration that the election is void, or additionally that another candidate was duly elected: a bare prayer for recounting alone is not a valid, independently maintainable relief. While courts can order recounting within a properly framed election petition, a petition seeking recounting alone, without the mandatory declarations, is not maintainable. Since the appellant's petition sought only recounting, it failed to meet this statutory requirement, and the appeal was dismissed.

Lesson Learnt

When challenging an election result through a statutory election petition, the specific reliefs prescribed by the governing rules (such as a declaration that the election is void) must be pleaded. Courts will strictly construe election law, and a prayer that falls short of the rules will not be entertained no matter how meritorious the underlying grievance.

Official source (sci.gov.in)View Judgment (PDF)

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