Holding

The Supreme Court upheld the High Court’s finding that no material irregularities or illegalities were proved and dismissed the appeal, confirming the election of the respondent.

Summary

The appellant, Janak Singh, contested the election of Ram Das Rai to the State Assembly, alleging miscounting of ballot papers, failure to grant a recount under Rule 63 of the Conduct of Election Rules, 1961, and various irregularities in the counting process. The High Court found that the petitioner could not demonstrate that votes in his favour were undercounted or that any irregularities materially affected the result, and dismissed the petition with costs. On appeal, the Supreme Court examined the oral and documentary evidence, noting that the Returning Officer and Assistant Returning Officer testified to an impartial count and that the petitioner’s witnesses, many of whom were not his counting agents, failed to establish a case for recount. The Court held that the High Court’s view was correct, there was no material error or illegalities, and the petition was not maintainable for relief. Consequently, the appeal was dismissed, affirming the election of the respondent.

Issues considered

Whether the election petition, as filed, is maintainable in its present form
Whether the election is liable to be rejected for non‑compliance of Sections 81, 82, 83 and 87 of the Representation of the People Act
Whether the alleged irregularities and illegalities make a case for recounting of ballots under Rule 63 of the Conduct of Election Rules, 1961
What relief, if any, can be granted to the election petitioner

Legislation cited

Conduct of Election Rules, 1961s. Rule 63
Representation of the People Acts. 81, s. 82, s. 83, s. 87

Subjects

election petitionrecountConduct of Election RulesRepresentation of the People Actirregularitiesvoting countelectoral transparencypara‑military deploymentelection observers

Judgment

A JANAK SINGH
v.
RAM DAS RA! AND ORS.

JANUARY I I, 2005

B [R.C. LAHOTI, CJ., G.P. MATHUR AND A.K. MATHUR. JJ.]

Election Laws:

Conduct of Election Rules, 1961-Rule 63-Re-c.ounting-Election
C petition alleging irregularities and illegalities in counting of ballots-On facts,
held, election petitioner or his counting agent could not make our case that
votes cast in favour of election petitioner were counted less or had been
reduced in a way materially affecting the result of election petition -Returning
Officer deposed that he conducted the counting impartially and without any
D illegality-Assistant Returning Officer supported that deposition-Re-counting
rightly not allowed by High Court.

Election-Conduct of Requirement of vigilance on local staff entrusted
to conduct the elections-Posting of some para-military personnel inside the
polling booths suggested-Some cameras should also be installed in the polling
E booths.

Election-Conduct of-Improper use of funds allotted-Some funds
utilised for entertaining the election observers-Strict instructions should be
given to election observers not to accept undue hospitality of the State as that
would compromise their objectivity and transparency.
F
Respondent No. I was declared elected as member of the State -1(
Assembly. Appellant, one of the contesting c3ndidates, filed petition
challenging the election primarily on ground that the ballot papers were
miscounted resulting in non-counting of valid votes cast in his favour. It
G was also alleged that in course of counting, a petition for recounting was
filed under Rule 63 of the Conduct of Election Rules, 1961, but no
recounting was held, and that before the result was declared the appellant
gave representation to the returning officer enumerating various
irregularities and illegalities committed but all his efforts proved futile.
The difference of votes between the appellant and the returned candidate !

II 360
JANAK SINGH v. R.D. RAI 361
being very less, the appellant prayed that his election petition be allowed A
and he be declared elected.

Single Judge of High Court held that the appellant had failed to
substantiate the allegation and dismissed the petition with costs. Hence
the appeal.
B
During course of arguments before this Court, the appellant also
gave certain suggestions for consideration of the Election Commission in
order to introduce maximum transparency and fairness in the elections.

Dismissing the appeal, the Court

HELD: I. The view taken by the Single Judge of the High Court is C
correct and there is no ground to interfere therewith. 1373-BI

2. A scrutiny of the oral evidence shows that the appellant himself
or his counting agent could not make out a case that the votes cast in
favour of the election petitioner were counted less or had been reduced in
such a way that it could materially affect the result of the election petition. D
As against this respondent no.I, the returned candidate examined 12
witnesses including himself, and alleged that there was no illegality in the
conduct of election and that all the votes cast in favour of the candidates
were duly counted. (367-H; 368-AJ

3. The Returning Officer came in witness box and deposed that he
E
conducted the counting impartially and no illegality was committed, and
that all allegations made by the election petitioner were frivolous and
baseless. It was also alleged that when the counting was over, the election
petitioner was pressing for recounting and for that he consultd the
election observer and also the Election Commission of India and then he F
declared its result. He also alleged that all the objections raised were duly
considered and rejected by a reasoned order in the order sheet maintained
by him. The Assistant Returning Officer was also examined and he
supported what was deposed by the Returning officer. 1368-B-DI

4. The counting of votes is regulated by the Conduct of Election G
Rules, 1961. As per Rule 63 of the Rules, re-counting can be orJered
provided there are good reasons for it. In the present case, the Single Judge
of High Court found that the grounds sought to be raised before the
Returning Officer and before the Election Commission were at variance.
He further observtd that if at the time of the counting the election agent H
362 SUPREME COURT REPORTS [2005] I S.C.R.

A raised objection and no good reasons were given by the Returning Officer
for rejection then that could make out a case for recounting under Section
63 of the Act, but no such case was made out. Similarly, the Judge found
that allegations during the trial also were not substantiated by oral or
documentary evidence. (369-B; 369-D; 370-8-Cf

B 5. The Single Judge found that an attempt was made to improve the
case from stage to stage, therefore, allegations lack bonafide and makes it
doubtful and also that allegations of missing ballots and double marking
brought out in the election petition but no such evidence was led in support
of the allegations. The Single .Judge also examined the allegations
C regarding difference of ballots in respect of certain booth nos., but the
difference was not found to be material. [370-D-E]

6. Once a signature of the election petitioner or counting agent is
there in Form 20 which is the result sheet round-wise prepared then there
is no scope left for a grievance. Though the appellant, in his examination-
D in-chief had stated that the signature was obtained by force but in cross-
examination he admitted that he never lodged any protest or complaint
in this regard before any officer which definitely suggest that this plea was
only an after thought. [370-H; 371-A]

7. The Single Judge also examined the allegation that in some of the
E ballot boxes, ballots increased and in some decreased and found that this
discrepancy in number of ballots can be an error on the part of the
presiding officer in calculating the votes. Bui he found that no allegations
were made that ballots were increased or decreased by the counting agents
or counting supervisors and he further found that there was no such
F allegation made by the counting agents nor was there any satisfactory oral
evidence to justify this. Ballots of different booths were being opened in
the counting table from the boxes which had intact seal and signature. \
The Single Judge rightly found that this was not a case of recount.
[371-B-C]

G 8. It is suggested that the Election Commission should consider
posting of some personnel of para-military force inside the polling booth
in addition to the law and order duty outside the polling booths. Some
cameras should be installed in the polling booths to keep a vigilance on
the local staff on duty. It has come to the Court's notice that sometimes
local staff appointed to conduct the election become party to the unfair
H and illegal practice. The para-military staff outside the polling booth
1
JANAK SINGH v. RD. RA! [A.K. MATHUR, J.] 363
maintains law and order situation outside but what transpires inside the A
polling booth is beyond their reach. Therefore, the Election Commission
may consider some measures to appoint some of the personnel from para-
military force to be deputed inside the polling booth so as to keep eye on
local staff who are entrusted to conduct the election. This will have
sobering effect on staff that they are under vigilance of para-military force. B
1372-E-Gl

PUCL and Ors. v. Union of India, 120031 4 SCC 399, referred to.

9. It has also come to the notice of the Court that the money allotted
for conduct of election is utilized for other purpose that is other than for
tht conducting of the election like purchasing odd items. The Election C
Commission should insist the State to utilize the amount made available
to them for conduct of election and for no other purpose. Some of the funds
have also been utilized for entertainment of the election observers. This
should be taken care by the Election Com mission and strict instructions
should be given to observers not to accept undue hospitality of State D
because that would unnecessarily compromise their objectivity and
transparency. [372-H; 373-AJ

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9228 of2003 .
...
From the Judgment and Order dated 26.9.2003 of the Patna High Court E
in E.P. No. 5 of 2000.

Prabha Shankar Mishra, Gaurav Aggarwal, Tathagat Harsh Vardhan,
Upendra Mishra, Dhruv Kr. Jha, Amitesh Chandra Mishra, Ansul and Prashant
Kumar for the Appellant.

Naresh Kaushik, Abhishek Maratha, Ms. Shilpa Chohan and Ms. Lalita F
Kaushik, for the Respondents

The Judgment of the Court was delivered by

A.K. MATHUR, J. The appeal is directed against the order passed by
the Learned Single Judge of the Patna High Court dated September 26, 2003 G
wherein the Election Petition filed by the appellant was dismissed with costs
of Rs. 1000. Hence, the present appeal has been filed by the appellant election
petitioner against the aforesaid order.

The appellant was a contesting candidate in the State Assembly General
Election from 38 Saraiya Assembly Constituency which took place on 17th H
364 SUPREME COURT REPORTS (2005) I S.C.R.

A February, 2000. In that election the appellant lost the election and the
respondent No. I Ram Das Rai was declared elected. Therefore, the appellant "\
filed the petition challenging the aforesaid election on the various grounds
i.e. non-compliance of provisions of Act and Rules and also non-compliance
of the directions given by the Election Commission of India. But the main
B ground of challenge was miscounting of ballot papers resulting in not counting
the valid votes cast in his favour. The difference of votes between the election
petitioner and the returned candidate i.e. respondent No. I was only 265
votes. Therefore, the appellant prayed that the election petition should be
allowed and he should be declared as an elected candidate.

C According to the polling schedule the last date for filing the nomination
paper was January 31, 2000, the date of scrutiny was February I, 2000, the
last date for withdrawal of candidature was February 3, 2000 and the date of
polling was February 7, 2000. (But the actual polling was held on February
17, 2000.) 17 candidates were in the fray after scrutiny and withdrawal of the
candidates. The appellant Janak Singh was the official candidate of Bharatiya
D Janta Party having a symbol of Lotus. The returned candidate Ram Das Rai
was an official candidate of Rastriya Janta Dal having a symbol of Lantern.
Five other candidates were from All India Political Parties and they were
having their official symbols. Nine of the cand:dates were independent and
they were given the symbol of their choice. The actual polling took place on
E February 17, 2000 from 8.00 a.m. to 5.00 p.m. The elected candidate Ram
Das Rai received 40,680 votes while the appellant Janak Singh received
40415 votes. It was alleged that the returning officer was not fair and impartial
because respondent No. I Ram Das Rai the elected candidate was a Minister
in the State Government at the relevant time and all illegal means were
adopted to ensure the victory of this candidate. It was alleged that S.D.O.
F Marharwah was appointed as a returning officer at the instance of Respondent
No. I to ensure his victory and the returning officer was asked to choose his
own Assistant Returning Offic'er for alleged purpose. It was also alleged that
counting staff was never approved by the District Election Officer they were
all Assistants of the office of the S.D.O. It was alleged that respondent No.
I manipulated through the returning officer in deployment of military and
G para-military forces at different polling booths. It was alleged that there was
no fair polling in respect of several booths and particularly in booth nos. I05,
106, 107, 225 and 249 as the ballots in those booths did not bear signature
and seal of the Presiding Officer and the distinguishing marks of the booths.
As regards the booth nos. 175 and 176, the first information report was
H received that respondent no. I had forcibly snatched away arms and
'-.
'·1
JANAK SINGH v. R.D. RAI [A.K. MA THUR. J.j 365
ammunition of police personnel in order to commit rigging during the polls. A
However, all the illegalities committed by respondent no, I were informed by
Fax message to the Election Commission of India and to other appropriate
authorities.

It was also alleged that there was a great bungling in miscounting the
votes inasmuch as votes of respondent No. I have been increased on false B
pretext of excess votes between votes polled and votes counted at the counting
table. It was also alleged that the votes of the appellant have been reduced
on false pretext of less number of ballot papers found in the ballot boxes than
what had been polled. Certain illegalities were also alle,~ed with regard to
booth Nos. 249, 67, 32, 56 and I 94. c
The illegality in counting was alleged in respect of table Nos. 2, 3, 4,
7, 8, 9, and 12 in the 14th, 15th, 16th, 17th and 18th round of counting, As
a result of which 700 votes were illegally counted in favour ofrespondent no.
I. The other illegalities pointed out were that markings against two names of
the candidates and I00 ballot papers which were totally blank have been D
counted in favour of respondent no. I and the other ballot papers illegally
rejected a chart thereof was given in para 27 and 28 of the election petition.
In para 29 of the election petition a detail of 2379 invalid votes counted in
... favour of the respondent no. I were given. A separate chart was also annexed

' as Annexure-5 and Annexure -5A. It was also alleged that on 26th February,
2000 in course of counting a petition for recounting was filed under Rule 63 E
of 1the Conduct of Election Rules, 196 L But no recounting was held. It was
also mentioned that the Election Commission stayed the declaration of the
result and asked for explanations from returning officer and on getting distorted
reply and suppressing of material fact the Election Commission gave
pennission to the returning officer to declare the result It was also alleged F
that before the result was declared the <.ppellant gave representation to the
retuming officer enumerating various irregularities and illegalities committed
but all the efforts of the election petitioner proved futile. Under these
circumstances the present election petition was filed,

The respondent No. I filed written statement denied the allegations and G
an objection was also raised that the material particulars were not given as
required1 under Section 83(2) of the Act, and the petition was liable to be
dismissed under Section 87 of the Act read with Order 6 Rule 16 of the Code
of Civil !Procedure.

It was also alleged that the election was peaceful and counting was H
366 SUPREME COURT REPORTS [2005] I S.C.R.

A done in orderly manner, all the allegations are nothing but concocted and
imaginary.

On the basis of these allegations, the learned single Judge framed the
following four issues which reads as under:

B I. Whether the election petition, as filed, is maintainable in its present
form?
2. Whether the election is liable to be rejected for non- compliance
of Sections 81, 82, 117 and Section 83 of the Representation of
People Act ?
c 3. Whether the election is liable to be rejected for non-compliance
of Sections 81, 82, 117 and Section 83 of the Representation of
People Act ?
4. Whether the irregularities and illegalities, as alleged in the election
petition with its Annexures make a case ofrecounting of ballots?
D
5. To what relief, if any, the election petition can be granted.

The appellant examined 11 witnesses and got large number of documents
exhibited. The returned candidate, respondent No. 1, Ram Das Rai examined
12 witnesses including himself as PW-10. He also got number of documents . ,,,.
exhibited.
E
Learned single Judge reviewed the testimony of all the witnesses and
held that petitioner has failed to substantiate the allegation and dismissed the
petition with costs. Hence, the present appeal.

F Summary of evidence and its analysis
PW-I, Janak Singh, the election petitioner examined himself, he pointed
out defects in the counting but he had no direct knowledge as he was only
informed by the counting agent. The case of the appellant was not substantiated
by the testimony of PW-I. However, PW-2 Pravin Kumar Singh was the
G counting agent of the petitioner at table No. I. According to him 7 votes were
received in the 13th around of counting in favour of appellant Janak Singh
but the same was reduced by one vote at the central table. Likewise, PW-3
Ranjit Kumar Singh he was a counting agent of the appellant at table No. 2.
He alleged that the booth No. 2 which was counted on his table wherein 701
total number of votes were caste in favour of Janak Singh but at the central
H table 541 votes were counted in his favour. In respect of booth No. 30, 229
JANAK SINGH v. R.D. RAI [A.K. MA THUR, J.] 367
votes out of 690 votes were received by Janak Singh. Ultimately it was A
shown to have received only 226 votes. He also alleged with· regard to
reduction of votes in respect of 12th, 17th and 18th rounds. He only stated
by his memory but he had not prepared any notes. PW-4 Mukesh Kumar
Singh, he was a counting agent of independent candidate Jalim Singh. He
was at table No. 6. According to him at Booth No. 20, Janak Singh received B
71 votes but at central table only IO votes were shown in favour of Janak
Singh. The actual votes received by Janak Singh were reduced at central
table. Likewise, he was given reduction of votes in •es;_'ect of booth nos. 48,
62, 160, 174, 188 and 201. Similarly PW-5 Sanjeev Ranjan he was also a
counting agent of Jalim Singh with regard to counting t1ble No. 7. The same
story was repeated by PW-6, Alok Ranjan was the counting agent of Jalim C
Singh. Similarly, PW-7 Sunil Sinha another counting agent of Jalim Singh
had also alleged the some reduction. PW-8, Upendra Singh was the counting
agent of election petitioner at table no. 7. He deposed that several ballots
were not having signature and seal of the presiding officer and distinguishing
mark of the booth concerned were missing but they were illegally counted in D
favour of respondent no. I, he also deposed that number of votes of the
appellant were reduced at the central table. PW-9, Badri Narayan Singh was
a counting agent of Jalim Singh at table No. 9 had also deposed the same
thing. PW-10 Sailendra Kumar counting agent of Janak Singh at table No. 4
had also deposed certain facts as to how the votes of Janak Singh were
reduced at the central table. PW-I I Chandrika, the counting agent of E
independent candidate Mr. Bikari Sah had also deposed as to how the votes
of Janak Singh were reduced at the central table.

The summary of this oral deposition shows that large number of
witnesses produced by petitioner, namely, PW-4, 5, 6, 7, 9 and 10 were not
his counting agents but of Jalim Singh, they had nothing to do with the F
election petitioner Janak Singh but they had come forward to oblige the
appellant in making the allegation that Janak Singh's votes were reduced at
the central table. Likewise, PW-11 Chandrika was a counting agent of
candidate Mr. Bikari Sah he also came in witness box to oblige the election
petitioner. No objection was raised by counting agent of Janak Singh petitioner G
at central table.

A scrutiny of aforesaid oral evidence shows that the appellant himself
or his counting agent could not make out a case that the votes which were
caste in favour of the election petitioner were counted less or had been
reduced in such a way that it could materially affect the result of the election H
368 SUPREME COURT REPORTS [2005) I S.C.R.

A petition. As against this the respondent no. 1, the returned candidate Ram
Das Rai examined 12 witnesses including himself as DW-10, he alleged that
there was no illegality in the conduct of election and all the votes which were
cast in favour of the candidates were duly counted. There was some arithmetic
error regarding difference of votes in Form Nos. 16(1) and 16(2) and ·that
B was corrected.

DW-10/a, the Returning Officer also came in witness box and deposed
that he conducted the counting impartially and no illegality was committed.
He deposed that all allegation$ made by the election petitioner were frivolous
and baseless. It was also alleged that when the counting was over the election
C petitioner was pressing for recounting and for the recounting he consulted the
election observer and also with the Election Commission of India and then
he declared its result. He also alleged that all the objections raised were duly
considered and rejected by a reasoned order in the order sheet maintained by
him. He was also cross-examined at length but without any result. DW-11
Binod Prasad Singh, the Assistant Returning Officer was also examined and
D he supported what was deposed by the DW-10/a, the returning officer.
From the survey of the oral testimony, the learned Judge concluded that
there was no irregularity or illegality committed by the Returning Officer or
their staff in counting. >

E The learned Judge also examined the documentary evidence and after
examination of the same he found that except arithmetical mistakes there was
nothing much could be said in favour of the election petitioner.

The learned counsel appearing on behalf of election ,petitioner conceded
p before learned Single Judge that he does not want to press the allegations in
Issue Nos. I and 2 with regard to corrupt practice against the respondent no.
I that he illegally influenced the Returning Officer being a Cabinet Minister
to twist the election in his favour and the learned counsel confined to inspection
of ballots and declaration of election result.

G However, learned counsel for the respondent tried to raise an preliminary
objection that the election petition was not properly constituted as per Section
83 of the Representation of the People's Act. But all these objections were
over-ruled by the learned Single Judge. Learned single Judge felt that sufficient
particulars were already given in the petition and they were supported by
H large number of documents. Therefore, learned single Judge observed that
the material facts were present for adjudication. Therefore, the requirement
"-4.
/

JANAK SINGH v. R.D. RAI [A.K. MATHUR . .I.] 369
of Section 83(1)(A) was satisfied. A
Issue No. 3 was pressed by the Learned Counsel for appellant and it
was dealt with at length by Learned Judge because the main allegation was
irregularities and illegalities in the counting of ballots. The counting is
regulated by the election rules known as The Conduct of Election Rules,
1961. The Conduct of Election Rules, 1961 details how the counting is to be B
undertaken. Rule 63 of the Act contemplates that if during the course of
counting it is found that ballots are not being properly scrutinized and counted
the objection can be raised from the side of the candidates and that objection
should be raised within the course of counting and if it is found to be correct
then the returning officer can direct the recounting and after the recounting C
is over he shall amend the result sheet in Form 20 to the extent necessary
after such re-count and shall announce the amendments so made by him.
According to sub-rule 2, the candidate or his agent has a right to apply for
re-count of votes either wholly or in part. Therefore, as per Rule 63 the re-
counting can be ordered provided there are good reasons for it. Now, in the
present case during thf course of counting an application was made to the D
Election Commission of India as Annexure-5 and marked as exhibit-2 wherein
it has been stated that there was difference in signature of the presiding
.J. Officer on the Ballot papers of Booth Nos. 105 and 106 and 107, it was
alleged that Rastriya Janta Dal candidate had received 99% of the votes
polled. In respect of another two booths there was another application as E
Annexure-5/A, although the same could not be produced in original but there
was allegation that there were irregularities in the signature of the Presiding
Officer of Booth Nos.225 and 249. He filed an another application for
recounting before the Chief Election Commissioner, New Delhi which was
marked as Ext. I of Annexure 6 of the Election Petition wherein grounds
raised that the appellant lost the election by a margin of 265 votes whereas F
,.> number of votes rejected were 2002 and several votes were wrongly declared
invalid. It was also alleged that there was irregularities in the signatures of
the Presiding Officers of Booth Nos. 105, 106, i07 and 225. But learned
Judge found that a new case was sought to be developed that huge number
of Ballot papers of Booth Nos. I05, I06, I07 and 225 did not even bear the G
signatures of the Presiding Officers and there was no distinguishing marks of
the Booths itself which was not the c-ase when they filed the petition before
the Returning Officer or the Election Commission of India. The learned
Single Judge after examining the matter found that the ground which was
raised before the Election Commission of India and the ground which were H
370 SUPREME COURT REPORTS (2005) I S.C.R.

A raised by the appellant for recounting before the Returning Officer were
different. But after going through the matter he observed that the petition in
order to substantiate the case for recount has to make a definite case with a
specific allegation, before the Returning Officer and thereafter if he failed,
before the Election Commission. He found that grounds sought to be raised
B before the Returning Officer and before the Election Commission were at
variance. He further observed that if at the time of the counting the election
agent raised objection and no good reasons were given by the Returning
Officer for rejection then that could make out a case for recounting under
Section 63 of the Act. But no such case was made out. Similarly, learned
Judge found that allegation during the trial also were not substantiated by
C oral or documentary evidence.

It was also alleged that there was a difference in signature of the
Returning Officer in the ballots. Subsequently, the case put up that the ballots
did not bear the signature of the Presiding Officer at all and there was no
distinguishing marks of the Booths in the ballots. Learned single Judge found
D that the attempt was made to improve the case from stage to stage, therefore,
allegations lack bonafide and makes it doubtful. Learned single Judge has
also found that allegations of missing ballots and double marking brought out
in the election petition but no such evidence was lead in support of the
allegations. Learned single Judge also examined the allegations regwding
r ~.> '
E difference of ballots in respect of booth Nos. 32, 56 and 194, but difference
was not found to be material.

Learned single Judge further observed that while examining the
documents and exhibits produced by the petitioner in the Form 20 there was
interpolations. The learned Judge observed that there is no scope of giving
F any relief to the election petitioner moreover there is direct allegation against
petitioner that he alongwith his persons had made this interpolations. The
observation made by the learned single Judge in para 29 of the Order does
not cast any reflection on petitioner. He did not examine the matter in detail
with reference to the original records. Though learned Judge found that there
were some difference in the votes and such difference was an arithmetic error
G and it does not materially affect the result of election. He also observed that
Form 20 bears the signatures of the elections petitioner and his counting
agents and no such objection was raised. Once a signature of the election
petition or counting agent is there in Form 20 which is the result sheet round-
wise prepared then there is no scope left for a grievance. Though the appellant,
H in his examination in chief had stated that the signature was obtained by
f
JANAK SINGH r. R.D. RAI [AK MA THUR, J.) 371
·O force but in a cross-examination he admitted that he never lodged any protest A
or complaint in this regard before any officer which definitely suggest that
this plea was only an after thought.

Learned Judge also examined the allegation that in some of the ballot
~
boxes ballots increased and in some decreased. Learned Judge examined this
aspect and found that this discrepancy in number of ballots can be an error B
on the part of the presiding officer in calculating the votes. But he found that
no allegations were made that ballots were increased or decreased by the
counting agents or counting supervisors and he further found that since there
was no such allegation made by the counting agents nor was there any
satisfactory oral evidence to justify this. Whereas the evidence is to the
contrary, ballots of different booths were being opened in the counting table
c
from the boxes which had a intact seal and signature. Learned Judge found
that this is not a case of recount and in our opinion rightly so. Issue No.3 was
rightly decided by the learned Judge.
•,
An application was filed by the other side for contempt proceedings D
being initiated for swearing a false affidavit. That was rejected and rightly so.
The issue No. 4 was decided against the respondent.
-i
Suggestions

During the course of the arguments before us, learned counsel has E
given certain suggestions for consideration of the Election Commission in
order to introduce maximum transparency and fairness in the election to the
Legislative Assembly and to the Parliamentary Constituencies looking to the
irregularities which has come to the light in this case.

(i) It is suggested the Election Commission may consider the increase F
-.,i
in the number of the election observers in addition to what has been said
reported in the PUCL 's case [2003] 4 SCC 408.

(ii) It is also suggested that suggestions given by the Goswami Committee
should be pursued that the Election Commission of India should be given the
supervisory powers to deal strictly with the lapses on the parts of Returning
G
Officer, if any, on administrative side and also take disciplinary action against
4-- them including their black-listing for future role in the process of elections.

iii. Some of the observers should be appointed from general public, the
men of integrity and independence. H
372 SUPREME COURT REPORTS

•
[2005] I S.C.R.

A iv. The deployment of Central Para-military Forces should not be
confined to the law and order situation outside polling booth but some of
them be posted inside the Polling stations and vote counting centers as well,
so that local administrative staff cannot use the powers available to them in
favour of any candidate.

B v. The officials from the department which have less administrative
powers likes employees of Medical, Education and Welfare Departments
should be given preference for being deployed on polling duties as against
the deployment of officials from the rank of administrative departments

vi. The installation cif electronic gadget for video recording and its
C exhibition, close circuit camera should be installed. This will minimize the
booth capturing and rigging and intimidation of voters.

vii. Finally, it is suggested that it shall be open to the contesting
candidates to provide for electronic recording and Video recording of the
D process of polling and counting of the votes at their cost wherever they
apprehend any malpractice in any of the polling and counting centres as a
safeguard for fair polling and counting of the votes.

These are some of the suggestions which were given by the learned
counsel for the respondent No. I. But before parting with the case, we would
E like to suggest that the Election Commission should consider posting of some
personnel of Para-military force inside the polling booth in addition to the
law and order duty outside the pulling booths. Some cameras should be
installed in the polling booths to keep a vigilance on the local staff on duty.
It has come to our notice that sometimes local staff which is appointed to
conduct the election become party to the unfair and illegal practice. The para-
F military staff outside the polling booth maintains law and order situation
outside but what transpires inside the polling booth is beyond their reach.
Therefore, the Election Commission may consider some measures to appoint
some of the personnel from para-military force to be deputed inside the
polling booth so as to keep eye on local staff who are entrusted to conduct
G the election. This will have sobering effect on staff that they are under vigilance
of para-military force.

It has also come to our notice that the money which is allotted for the
conduct of election is utilized for other purpose that is other than for the
conducting of the election like purchasing odd items. The Election Commission
H should insist the State to utilize the amount made available to them for
'j·.

JANAK SINGH v. R.D. RAI [AK. MATHUR, J.] 373
1 _J conduct of election and for no other purpose. Some of the funds have also A
been utilized for entertainment of the election observers. This should be
taken care by the Election Commission and strict instructions should be
given to observer; not to accept undue hospitality of State because that would
unnecessarily compromise their objectivity and transparency.

In view of the above discussion, we are of the opinion that the view B
taken by the Learned single Judge is correct and there is no ground to interfere
in this appeal and accordingly the Civil Appeal is dismissed with no orders
..i. as to costs.

B.B.B. Appeal dismissed.