VidhiSangh

Supreme Court of India · 16/08/2023

DHARMIN BAI KASHYAP versus BABLI SAHU & OTHERS

[2023] 11 S.C.R. 150 · 2023 INSC 712

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that an election petition seeking only recounting, without the declarations required by the Chhattisgarh election-petition rules, was not maintainable. Recounting may be ordered as part of a properly constituted election challenge, but it cannot replace the prescribed substantive relief. The Division Bench’s order setting aside the recount was upheld.

Issues

  1. Whether a Panchayat election petition seeking recount alone complied with the prescribed relief requirements.
  2. Whether Sohan Lal permitted such a petition without the required declarations.

Provisions considered

Held

Result

Appeal dismissed. Division Bench decision setting aside the SDO’s recount order and the recount proceedings left undisturbed.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 150.