Supreme Court Overturns Haryana Panchayat Election Result After EVM Recount
Supreme Court Decision
The Supreme Court has annulled the outcome of a gram panchayat election held in Haryana in 2022, following a summons for the Electronic Voting Machines (EVMs) used during the election and a directive for a recount of the votes.
This case involved the election for the sarpanch position in Buana Lakhu village, located in the Panipat district, which took place in November 2022.
Upon recounting the votes, it was revealed that Mohit Kumar, the candidate who initially lost, had actually received 51 more votes than Kuldeep Singh, the candidate who was originally declared the winner.
On August 11, a bench comprising Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh instructed the Panipat deputy commissioner and election officer to issue a notification within two days, officially recognizing the defeated candidate as the new sarpanch.
The Supreme Court also stated that the newly elected sarpanch, who initiated the petition, could assume office immediately and begin his responsibilities. However, it noted that the final decision would depend on the election tribunal's ruling.
The bench expressed confidence in the report provided by the officer on special duty (OSD) of the court, emphasizing that the recounting process was thoroughly documented on video and verified by representatives from both parties.
It concluded that there was no reason to question the findings, affirming that the appellant should be recognized as the elected sarpanch from the November 2022 election.
During the proceedings, Justice Kant remarked that the candidate initially declared the winner should not be held accountable, as the error occurred at just one polling booth, according to reports.
He criticized the returning officer and counting officer for the confusion, stating, “In such cases, the only solution is to conduct a recount... I never expected the High Court would take 15 pages to deny a recount!”
Background of the Case
In the 2022 gram panchayat election in Buana Lakhu, Kuldeep Singh was initially announced as the winner.
However, due to a mistake made by the presiding officer at one polling booth, the returning officer ordered a recount on the same day, which ultimately led to Mohit Kumar being declared the winner.
Singh contested this result in the Punjab and Haryana High Court, which ruled that the election outcome could not be altered by a recount after a candidate had been declared elected.
The court advised that the proper course of action for an aggrieved party was to file an election petition instead.
The bench subsequently annulled Kumar's election and instructed the authorities to recognize Singh as the elected sarpanch.
Kumar then filed an election petition, prompting Singh to raise a preliminary objection regarding the case's timeliness.
The matter escalated to the Supreme Court, which dismissed Singh's objection and mandated that the election tribunal resolve the issue within four months.
In April, the tribunal determined that a recount was necessary at one booth, directing the deputy commissioner and election officer to carry it out.
This order was later overturned by the High Court following Singh's appeal.
Kumar subsequently appealed to the Supreme Court against the High Court's decision.
In July, the Supreme Court ordered the EVMs to be presented to a designated registrar, who was tasked with recounting votes from all five booths, with the entire process being recorded on video.
The registrar's report indicated that Kumar had indeed received 51 more votes than Singh in the updated tally.
On August 11, the Supreme Court reversed the previous election results but noted that since one of the petitioners raised additional issues for consideration, both parties were free to present these matters before the tribunal.