[Gram Pradhan Election] Supreme Court directs fresh recount of votes; Appoints junior most lady advocate present in Court as Court Commissioner

Supreme Court: In an election dispute pertining to Gram Pradhan election result at Sambal, Uttar Pradesh, the three- Judge bench comprising of Surya Kant, Dipankar Datta and Ujjwal Bhuyan, JJ. appointed Advocate Isha Nagpal as the Court Commissioner to visit the spot of re-counting and represent the court to ensure complete transparency. Further, the Court stayed the impugned order of the High Court to the extent it directs that the Election Petition be decided afresh as per the observations made therein, and directed the Election Tribunal-cum-Sub-Divisional Magistrate, Chandausi to conduct a fresh re-count of votes in the presence of the Court Commissioner on the date fixed i.e., 25-10-2024.

Background:

The parties contested the election of Gram Pradhan of village Mohammadpur Kashi, Tehsil Chandausi, District Sambhal, which was held in 2021. Respondent 1 was declared elected, as she secured 664 votes as against 658 votes counted in favour of the petitioner. Aggrieved, the petitioner filed an election petition on various grounds. The petition was allowed to the extent that the Tribunal directed recounting of votes on 23-09-2024. Respondent 1 challenged the order of the Election Tribunal in a Writ Petition before the High Court. The Writ Petition came up for hearing before the High Court on 23-09-2024, i.e., the date when recounting was to take place. The votes were recounted in which the petitioner secured 660 votes whereas respondent 1 was held to have secured 657 votes. Consequently, the petitioner was declared elected.

The High Court on the same day, vide the impugned order, set aside the order of the Election Tribunal, as according to the High Court, the Election Tribunal could not pass an order allowing the Election Petition and, at the same time, directing for recounting of votes. The matter was consequently remanded to the Election Tribunal to decide the Election Petition afresh. The petitioner laid challenge to the High Court’s order primarily on the ground that recounting has already taken place in which he was declared elected.

Court’s Order:

During the hearing, the parties agreed to the suggestion that there be a fresh re-counting of votes in the presence of the Court Commissioner.

Thus, the Court appointed Ms. Isha Nagpal, Advocate as the Court Commissioner, and listed the Election Petition, on remand, before the Election Tribunal on 25-10-2024.

Further, the Court stayed the impugned order of the High Court to the extent it directs that the Election Petition be decided afresh as per the observations made therein, and directed the Election Tribunal-cum-Sub-Divisional Magistrate, Chandausi to conduct a fresh re-count of votes in the presence of the Court Commissioner on the date fixed i.e., 25-10-2024.

The Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.

The Court cautioned that the result should not be formally declared and the entire original record along with the report of the Court Commissioner to be produced before the Court on 06-11-2024 by the Sub Divisional Magistrate, Chandausi.

Furthermore, the Court has directed that until the next hearing date, Respondent 1 shall remain in the position of Gram Pradhan. However, it has stipulated that no decisions with financial implications are to be made by her during this interim period.

The Court had ordered the petitioner to pay a fee of ₹20,000 to the Court Commissioner. Additionally, it specified that a sum of ₹10,000 was to be allocated for the Court Commissioner’s conveyance expenses, which was to be equally shared by the petitioner and Respondent 1.

The Registry was directed to communicate this order to the Election Tribunal-cum-Sub-Divisional Magistrate of Chandausi during the day, along with the mobile number of the Court Commissioner. The Election Tribunal-cum-Sub-Divisional Magistrate was instructed to coordinate with the Court Commissioner and ensure that the recounting commenced only after she arrived at the official complex designated for the process. Additionally, the parties involved, through their counsel, were required to be present at the location.

The Deputy Superintendent of Police, Chandausi, (‘DSP’) was directed to make the necessary arrangements for the peaceful conduct of the recount and to ensure that law and order was properly maintained throughout the process.

The DSP was also tasked with ensuring the safety and security of the Court Commissioner. If necessary, a lady constable would be deployed to accompany her from Delhi to the location of the vote recount.
The matter will next be taken up on 06-11-2024.