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Usha Devi v. Bibha Devi & Ors.

Civil Appeal · 2018 INSC 1063Decided 15 Nov 2018
Civil Appeal Nos. 10999-11000 of 2018
Justice Kurian Joseph · Justice Deepak Gupta · Justice Hemant Gupta

Background

The case concerned a disputed election for the post of Mukhiya (village head) of Gram Panchayat Kansi, District Darbhanga, Bihar. At the time results were declared, the votes of one polling booth (Booth No. 8), though actually counted, were left out of the result sheet, causing the first respondent to be declared the winner. The appellant challenged the election, and after multiple rounds of litigation the Election Tribunal ordered re-totaling of votes, which was then further contested before the High Court.

Decision Breakdown

The Supreme Court examined the official vote records (Form 21) and found that, once Booth No. 8's votes were properly included, the appellant had actually scored 1565 votes against the first respondent's 1557 votes, meaning the appellant was the true winner. The Court held that the first respondent had continued to hold office only due to the Returning Officer's clerical lapse, and that "no technicality shall stand against the will of the people expressed through their votes." Noting the litigation had already dragged on for two-and-a-half years, the Court decided to give it finality, dismissed the pending High Court proceedings, and directed the Returning Officer to formally notify the correct result and administer the oath of office to the appellant within one week.

Lesson Learnt

In election disputes, the actual votes validly cast and counted take precedence over administrative or clerical errors in compiling the result sheet: courts will look past technical lapses to honour the genuine will of the voters, and will act to bring long-pending election litigation to a swift conclusion.

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

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