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Sukhad Raj Singh Vs. Ram Harsh Misra and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 871 of 1975
Judge
Reported inAIR1977SC681; (1977)4SCC596b
AppellantSukhad Raj Singh
RespondentRam Harsh Misra and ors.
Excerpt:
.....added to declare result - recounting of disputed votes shall be done under personal supervision of joint registrar of allahabad high court - election petition and appeal finally disposed of with this order - apex court added that agreement does not violate section 97 or any other provision of act. - [] the government of mysore by an order defined backward classes and directed that 30 per cent of the seats in professional and technical colleges and institutions shall be reserved for them and 18 per cent to the schedule castes and scheduled tribes. it was laid down that classification of socially and educationally backward classes should be made on the basis of economic condition and occupation. by a letter the government informed the director of technical education that it had been..........the recounting of disputed votes shall be done by or under the personal supervision of the joint registrar of the high court of allahabad, lucknow bench. parties, their counsel, and their agents not exceeding three in number for each party shall be permitted to remain present at the time of recounting.3. both sides agree that the election petition and the appeal before us shall stand finally disposed of with this order and that no further proceedings will lie or be taken by either of the parties, after the result of the election is declared by the joint registrar of the high court.this agreement, we may add, does not violate any of the provisions of the representation of the people act, 1951 including section 97 thereof. after giving a full hearing to the counsel appearing before.....
Judgment:

Y.V. Chandrachud, J.

1. Both parties agree that all the disputed votes should be recounted and that the result of the election should be declared on the basis of such recounting. The recounting of undisputed votes done by the High Court under its order dated November 5, 1974 shall stand undisturbed. These undisputed votes, and the votes secured by the respective candidates as a result of recounting of disputed votes to be done under this order, shall both be taken into account for the purpose of determining as to which candidate has polled the largest number of votes.

2. The recounting of disputed votes shall be done by or under the personal supervision of the Joint Registrar of the High Court of Allahabad, Lucknow Bench. Parties, their counsel, and their agents not exceeding three in number for each party shall be permitted to remain present at the time of recounting.

3. Both sides agree that the election petition and the appeal before us shall stand finally disposed of with this order and that no further proceedings will lie or be taken by either of the parties, after the result of the election is declared by the Joint Registrar of the High Court.

This agreement, we may add, does not violate any of the provisions of the Representation of the People Act, 1951 including Section 97 thereof. After giving a full hearing to the counsel appearing before us for the respective parties, we had indicated that in the facts and circumstances of this case it was unnecessary for the appellant to file a recriminatory petition since the election petitioner had failed to make out a case for inspection of the ballot papers. The dismissal by this Court of the special leave petition filed by the appellant against' the order dated November 5, 1974 which was passed by the High Court for inspection of the ballot papers, does not in the circumstances justify the conclusion that this Court had confirmed on merits the orders of inspection.

4. We accordingly direct the Joint Registrar to take necessary steps pursuant to this order and declare the result of the election within four weeks from today. The stay granted by this Court will continue until the result of the election is declared.

5. There will be no order as to costs.


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