- Case
- VIJAY BAHADUR v. SUNIL KUMAR (Supreme Court of India, 06-03-2025)
- Law
- Constitution of India, Right to Information Act.
Constitution of India, 1949: The judgment references Article 226, under which the High Court of Judicature at Allahabad passed the judgment challenged in this appeal. It also mentions Article 136, under which the appellant approached the Supreme Court. Article 243-O is cited, which postulates a bar in respect of interference by the Courts in electoral matters. The judgment also references the Preamble to the Constitution, stating that democracy is meaningful only if the sublime goals enshrined in the Preamble receive the undivided attention of the rulers.
U.P. Panchayat Raj Act, 1947: Section 12 is mentioned, providing for the constitution of Gram Panchayats, the manner of election thereto, allowances of the elected members, superintendence of the elections, taking of vehicles and premises for the purpose of elections, procedure to question the elections, etc. Section 12-C(1) is discussed in detail, concerning the filing of applications questioning the elections. It outlines the grounds on which an election can be questioned, including corrupt practices, undue influence, improper acceptance or rejection of nomination, and gross failure to comply with the provisions of the Act. Section 12-C(6) is also mentioned, providing for a remedy against an order passed under the Act by way of revision to the District Judge.
Right to Information Act, 2005: The judgment mentions that the appellant sought information under the Right to Information Act, 2005, seeking the 'Matpatra Lekha' and Diary of the Presiding Officer. The competent authority directed the Assistant Election Officer to provide the documents, but the Assistant Election Officer stated that the documents could not be located.
General Principles of Law: The judgment discusses the principle of secrecy of the ballot, stating that it should not be violated on flimsy grounds and that an order for recount cannot be granted as a matter of course. The judgment also emphasizes the importance of maintaining the purity of elections and ensuring that the process of gaining power is in accordance with constitutional principles and established norms. The judgment also discusses the conditions under which a recount of votes can be ordered, including the requirement of an adequate statement of material facts in the election petition and prima facie satisfaction of the Tribunal that a recount is necessary to decide the dispute and do complete justice.
