Paper: GS-II, Subject: Polity, Topic: Judiciary, Issue: Election Petition – recount of votes
Context:
The Supreme Court overturned the Buana Lakhu village sarpanch election in Haryana’s Panipat, conducting a recount of all EVMs in Delhi. This is the first instance of the apex court recounting EVM votes.
Challenging Election Results
- The validity of election results can be challenged through an election petition.
- For Parliamentary, Assembly, or state council elections, the petition must be filed before the High Court of the state where the election was conducted.
- In the case of local government elections, the petition is filed at the district-level civil courts.
- Who Can File: Only a candidate or an elector related to the election in question can file the petition.
- Time Limit: The petition must be filed within 45 days of the date of declaration of results.
- Content Requirements: A concise statement of all “material facts” on which the challenge is based.
- If allegations of “corrupt practices” are made, the petition must provide details such as the names of individuals involved, and the date and place of the alleged act.
Court –Â Ordered Votes Recounts and Election Results Overturns
While courts have the power to order recounts and even overturn election results, they do so sparingly and only when there is compelling evidence of irregularities, errors, or corrupt practices that materially affected the outcome of the election. The burden of proof lies heavily on the petitioner to demonstrate a clear and convincing case for such intervention.
https://indianexpress.com/article/explained/explained-law/courts-recount-votes-election-10196590
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