First-ever EVM recount on SC order flips Haryana panchayat poll result
In a first-of-its-kind exercise, the Supreme Court summoned electronic voting machines (EVMs) and other records related to the election of the sarpanch of Buana Lakhu gram panchayat in Panipat district of Haryana and conducted a recount of votes within its premises, leading to a reversal of the original result.
Rare intervention
Mohit Kumar loses 2022 sarpanch polls to Kuldeep Singh in Panipat’s Buana Lakhu village; challenges result
Approaches election tribunal, which ordered recount of votes at one booth; Punjab & Haryana HC sets aside order
Kumar then moves SC; after videographed recount, Kumar secures 1,051 votes, defeating Kuldeep (1,000 votes)
The recount was carried out by Supreme Court OSD (Registrar) Kaveri in the presence of both parties and their advocates, with the entire process being videographed.
In its August 11 order, a Bench led by Justice Surya Kant said, “The Deputy Commissioner-cum-Election Officer, Panipat, is accordingly directed to issue a notification within two days declaring the appellant (Mohit Kumar) as the elected sarpanch of the above-mentioned gram panchayat.” The Bench, which also included Justice Dipankar Datta and Justice N Kotiswar Singh, further ordered, “The appellant (Mohit Kumar) shall be entitled to assume the said office (of sarpanch) forthwith and perform his duties.”
The dispute arose from the November 2, 2022, election, where Kuldeep Singh had initially defeated Mohit Kumar and was declared the winner. Kumar challenged the result by filing an election petition before the Additional Civil Judge (Senior Division)-cum-Election Tribunal of Panipat, which on April 22, 2025, ordered a recount of votes from booth No. 69 to be conducted by the Deputy Commissioner-cum-Election Officer on May 7, 2025. However, the Punjab and Haryana High Court set aside this order on July 1, 2025. Kumar then approached the Supreme Court, contesting the high court’s decision.
On July 31, the Supreme Court directed the production of EVMs and other records and ordered a recount of votes from all booths, not just one, to be conducted by a registrar of the court.
The order stated, “Taking into consideration the peculiar facts and circumstances of this case, the Deputy Commissioner and the District Election Officer, Panipat, are directed to produce all EVMs before the registrar of this court, to be nominated by the Secretary General, at 10 am on August 6. The nominated registrar shall recount the votes, not only of the disputed booth but of all the booths. The recounting shall be duly videographed. The petitioner as well as the respondent No. 1 or their authorised agents shall remain present.”
On August 6, OSD (Registrar) Kaveri recounted the votes from all booths (65 to 70) and submitted a report revealing that out of 3,767 votes cast, Mohit Kumar secured 1,051 votes, while his nearest rival Kuldeep Singh got 1,000 votes. The Supreme Court, accepting the report, stated, “There being prima facie no reason to doubt the report submitted by the OSD (Registrar) of this court, especially when the entire recounting has been duly videographed and its result is signed by the representatives of the parties, we are satisfied that the appellant (Mohit Kumar) deserves to be declared as the elected sarpanch of gram panchayat of Buana Lakhu Village.”
The court set aside the high court’s verdict but clarified that the parties could still raise any remaining issues before the election tribunal.
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