Recount of votes requires specific pleadings and prima facie proof; vague allegations and narrow victory margin are insufficient.

Recount of ballot papers is an exceptional remedy because it intrudes on the secrecy of the ballot. It can be ordered only where the election petition pleads specific facts of irregularity or illegality in counting and the evidence establishes a prima facie case showing that recount is indispensably necessary to do complete justice. Vague or bald allegations are insufficient, and evidence beyond the pleadings cannot cure defective material particulars. The narrow margin of victory and an asserted absence of prejudice are legally irrelevant. On that basis, the recount order was unsustainable, was set aside, and the election petition could not be maintained on the deficient pleadings and lack of prima facie foundation.

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Issues: Whether the election petition disclosed sufficient material facts and prima facie evidence to justify recount of votes and whether the order directing recount was sustainable.

Analysis: The governing principle is that recount of ballot papers is an exceptional remedy because it affects the secrecy of the ballot. Such an order can be made only when the election petition contains adequate material facts alleging irregularity or illegality in counting and the evidence adduced makes out a prima facie case showing that recount is imperatively necessary to do complete justice. Vague or bald allegations are insufficient, and evidence beyond the pleadings cannot be relied upon. The allegations in the election petition were found to be deficient in material particulars, and the forums below themselves recorded that the specific facts necessary to support recount were absent. The conclusion that recount could be ordered merely because no prejudice would be caused or because the margin of votes was narrow was held to be legally irrelevant.

Conclusion: The order directing recount was unsustainable and had to be set aside.

Final Conclusion: The appeal succeeded, the recount order was annulled, and the election petition could not be sustained on the vague pleadings and absence of a prima facie foundation.

Ratio Decidendi: Recount of votes can be ordered only on specific pleadings of irregularity or illegality supported by prima facie proof; secrecy of the ballot cannot be breached on vague allegations, narrow margin of victory, or perceived absence of prejudice.

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