Each vote matters, says SC; orders recount in UP Gram Pradhan poll for 'irregularities'

Noting that each vote matters in an election, the Supreme Court has ordered a recount in the Uttar Pradesh Gram Pradhan Election, 2021, after it found that certain crucial documents were missing and there was an unexplained gap in the votes announced, casting doubts on the integrity of the electoral process.

“Each vote has its own value irrespective of its effect on the final outcome of the election. Its sanctity has to be protected ... If the Presiding Officers’ records are missing and cannot be verified, it can be found that the final conclusion is within the realm of questionability. Each and every document pertaining to an election is important and all efforts should be made to preserve the same,” a Bench of Justice Sanjay Karol and Justice N Kotiswar Singh said.

“Registry is directed to communicate a copy of this judgment to the Registrar General, High Court of Judicature at Allahabad, who shall ensure passage of the same to the Magistrate concerned, enabling them to set a date for recount of the result after hearing the parties,” it said in its March 6 order.

Restoring a sub-divisional magistrate’s order to have a recount of the votes cast in the 2021 Uttar Pradesh Gram Pradhan Election elections, the top court said the absence of the Presiding Officer’s diary — a key record of polling — and a 19 vote mismatch between oral and official tallies of votes warranted judicial intervention.

The order came on a petition filed by one Vijay Bahadur, who lost the Gram Pradhan election to his rival Sunil Kumar by 37 votes in Chak village of Prayagraj.

While the Presiding Officer orally stated 1,194 votes were cast across three booths, an election form (Form 46) later reflected 1,213 votes having been cast, leaving a gap of 19 votes between his oral account and the total number of votes cast mentioned in the election form, Bahadur alleged.

The sub-divisional magistrate ordered a recount of votes in October 2022, but the same was quashed by the Allahabad High Court in January 2023 for want of sufficient documentary evidence.

Holding that there were sufficient grounds to hold a vote recount, the top court noted that three of the four candidates supported a recount and the Presiding Officer’s diary also remained untraceable, rendering the election process within the realm of questionability.

“When the officer was present there and he informed the candidate, appellant herein, of the number of votes cast, why should there be any difference? ... Important documents pertaining to the election are missing and such absence is unexplained, we are of the view in the present facts that a recount would be justified,” it said, reversing the high court’s decision.