Daily Current Affairs for UPSC : 19 August 2025/ Court’s Power to Recount Votes

Why in News? The Supreme Court last week overturned the result of the sarpanch election in Buana Lakhu village, Haryana’s Panipat district. The court directed a recount of votes by summoning all Electronic Voting Machines (EVMs) used during the election to its premises in New Delhi. Experts noted this was the first instance of the Supreme Court itself conducting a recount of votes.

Relevance : UPSC Pre &  Mains

Prelims :  Constitutional provisions

Mains  : GS 2

How can an election result be challenged?

The validity of poll results can be challenged through an election petition.

• In Parliamentary, Assembly, or State Council elections, the petition must be filed before the High Court of the state where the election occurred.
• For local government elections, the petition has to be filed at the district-level civil court.

The petition can only be filed by a candidate or an elector related to that election, and it must be submitted within 45 days of the declaration of results. The petition must clearly state the grounds of challenge. If it contains allegations of corrupt practices, the petitioner must provide full details such as the names of individuals involved, the exact date, time, and location of the alleged misconduct.

What are the grounds for invalidating results?

Courts can declare an election void on several grounds, including:

• Bribery, undue influence, or intimidation.
• Failure to disclose criminal antecedents by the candidate.
• Appeals to religion, caste, or community for votes.
• If the winning candidate was disqualified or unqualified on the date of election.
• Improper acceptance or rejection of a candidate’s nomination.
• Violation of the Constitution or election laws/rules that materially affected the outcome.

When can courts order a recount of votes?

Courts are cautious about ordering recounts because they involve re-examining ballots, which risks compromising secrecy of the vote. Recounts are ordered only when:

• The petitioner provides specific, material facts supported by sufficient evidence.
• A strong prima facie case is established showing that mistakes in counting are probable.

When do courts overturn election results?

It is rare but possible. For a court to declare an election void and announce another candidate as the winner:

• The court must be satisfied that the petitioner or another candidate actually received a majority of valid votes, or
• The petitioner must prove that he/she would have secured the majority if corrupt votes cast for the winning candidate were excluded.

Constitutional Framework for Elections:

Article 324 – Vests the superintendence, direction, and control of elections in the Election Commission of India (ECI).

1. • However, once elections are conducted and results declared, disputes are to be settled by courts, not the ECI.

Article 329(b) – Bars interference of courts in electoral matters except through an election petition filed before the authority prescribed by law (i.e., High Courts under the Representation of the People Act, 1951).

1. • This means no election result can be challenged except by way of an election petition.

Article 243-O – Provides a similar bar for Panchayat elections:

1. • Elections to Panchayats can only be challenged through an election petition, as prescribed by state law, not otherwise.

Statutory Provisions:

Representation of the People Act, 1951 (RPA):

Section 80 – Election petitions are the only method to challenge an election.

Section 100 – Grounds for declaring an election void (bribery, corrupt practices, disqualification of winning candidate, improper acceptance/rejection of nomination, or non-compliance with the Constitution or laws).

Section 101 – When a candidate other than the returned candidate can be declared elected (if majority of valid votes were actually in their favor).

State Panchayat/Municipal Laws

1. • Provide similar provisions for filing election petitions in local body elections (e.g., before District Judge or Civil Judge).

Judicial Principles on Recount of Votes:

The Supreme Court has laid down certain principles in case law:

• N. Narayanan v. S. Semmalai (1980)
  – Recount cannot be ordered lightly. There must be specific pleadings of irregularities in counting and prima facie proof.
• Arikala Narasa Reddy v. Venkata Ram Reddy (2014)
  – Secrecy of ballot is sacrosanct; recount is an exception, not the rule.
• Buana Lakhu Sarpanch Election Case (2024, Haryana)
  – For the first time, SC itself recounted votes by summoning EVMs to Delhi, citing peculiar facts and circumstances.