Title: Tijendranath Mahato Vs. The West Bengal State Election Commission & Ors.
Decided on: 10th October, 2023
WPA 16670/2023
CORAM: Hon’ble Justice Amrita Sinha
Introduction
The results of a recount for a Panchayat Samiti seat during the just-completed Panchayat General Elections in West Bengal have been overturned by the Calcutta High Court.
Facts of the Case
The petitioner ran for a Panchayat Samity seat in the Panchayat General Elections of 2023. He asserts that he was declared the winner and he won by six votes when the voting was completed on July 11, 2023. The petitioner alleges that he received a notification that his winning certificate will be sent to him shortly. The petitioner learned that the votes had been recounted and that he had lost early on July 12, 2023.
Courts analysis and decision
The Court observed that strangely, even though 127 ballots had already been rejected at the time of the initial counting, up to 192 more ballots were rejected during the recounting process. In the absence of the candidate whose ballots were pronounced the winner after the original counting process was completed, the further ballots were disregarded. The Court is unable to comprehend how up to 192 ballots were first counted as valid votes despite the fact that they reportedly lacked the presiding officer’s distinctive stamp and signature.
Furthermore, In the present case, the request for a recount appears to have been submitted after the winner, the petitioner, had been determined. It appears that the request for a recount was not made in a timely manner during the break, and as a result, it was incorrect for the Panchayat Returning Officer to accept the late-filed request.
Hon’ble Justice stated, “Recounting the votes in the absence of the winning candidate, amounts to violation of the principles of natural justice embedded in the guidelines. Manipulation of results, as alleged by the candidate, cannot be ruled out. Transparency and fairness in the process of counting/recounting ought not to be compromised in any manner whatsoever.”
It was further noted by the Court that the Returning Officer should have scrupulously followed the established rules. The aforementioned officer did not understand the ‘pause’ before the outcome was declared. If a request for a recount is not submitted within the delay, the law forbids the acceptance of such a request, and the proclaimed result must be considered final.
“It is the duty of the counting officers to count the polled votes properly. Valid votes ought not to be rejected and the invalid ones ought not to be counted”, stated by the single bench
Thus, the Court was not convinced with the manner in which the recounting took place as there was no sanctity in the process of recounting. The Court directed the commission to treat the result of initial counting as valid and immediately issue the election certificate in favour of the petitioner by treating him as the returned candidate.
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Written by- Aashi Narayan
