https://www.taxtmi.com/caselaws?id=300970 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. en-us Mon, 23 Nov 2009 00:00:00 +0530 Sat, 05 Mar 2022 12:57:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300970 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. Case-Laws Indian Laws Mon, 23 Nov 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300970