In a rare step, the Supreme Court has overturned the results of a Gram Panchayat election in Haryana after summoning Electronic Voting Machines ( EVMs) to itself and directing a recount of votes by its Registrar.
Upon recounting, the ‘defeated’ candidate, Mohit Kumar, was found to have polled 51 more votes than Kuldeep Singh, who had been declared elected earlier. Directing immediate corrective action, the Bench ordered the Deputy Commissioner-cum-Election Officer, Panipat, to issue a notification within two days declaring Kumar as the elected Sarpanch of Buana Lakhu village.
“The petitioner shall be entitled to assume the said office forthwith and perform his duties,” the Court said.
Court Accepts Registrar’s Report
The Bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh relied on the recount conducted under court supervision.
“…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 deserves to be declared as the elected Sarpanch of Gram Panchayat, Buana Lakhu Village, District Panipat, Haryana in the election held on 22.11.2022,” the judges said.
During the hearing, Justice Kant clarified that the earlier declared candidate, Kuldeep Singh, was not responsible for the wrong result. “All this blunder happened in only 1 booth…complete mess created by Returning Officer/the Counting Officer, it is he who committed a blunder…in these kind of matters, the only solution is, you go for recount…never thought that High Court will write 15 pages to deny recount!” the judge observed.
From Village to Supreme Court
The election was held in November 2022. Initially, Kuldeep Singh was declared elected. On the same day, however, the Returning Officer ordered a recount after spotting an error in the result prepared at one booth. Following this correction, Mohit Kumar was declared the winner.
Kuldeep Singh then approached the Punjab and Haryana High Court, which set aside Kumar’s election, holding that results once declared cannot be altered by a suo motu recount. The High Court restored Singh as Sarpanch and said that the proper course was to file an election petition.
Mohit Kumar subsequently filed such a petition, which Singh contested on the ground of limitation. The matter ultimately reached the Supreme Court, which rejected Singh’s objection and directed the Election Tribunal to decide the case within four months.
In April 2024, the Tribunal found grounds to recount votes at Booth No. 69, but its order was again set aside by the High Court on Singh’s appeal. Kumar then approached the Supreme Court once more.
Recount Under SC’s Watch
In July, the apex court ordered that all EVMs be produced before a nominated Registrar, who was tasked with recounting votes from all five booths under videography and in the presence of party representatives.
The Registrar’s report, submitted on August 6, showed Mohit Kumar ahead by 51 votes. Accepting the findings, the Supreme Court on August 11 reversed the High Court order and declared Kumar the duly elected Sarpanch.
Subject to Tribunal’s Final Judgment
The Bench, however, clarified that while the aspect of recounting was now settled, other issues raised by Singh could still be agitated before the Election Tribunal.
It made clear that “on the aspect of recounting of votes, the Tribunal shall accept the report of the Supreme Court’s Registrar as final and conclusive.” Kumar’s declaration as Sarpanch, the judges said, would remain subject to the Tribunal’s final decision.
Statement By Winner
The winner Mohit Kumar, speaking to news personnel said, “EVMs are not at fault, if any miscount happens, it is likely due to the greed of the counting officer. Otherwise, it is not likely to happen.”