In a rare move, the Supreme Court overturned the result of a Gram Panchayat election in Haryana after ordering a recount of Electronic Voting Machines (EVMs) by its Registrar.
The recount revealed that the petitioner, Mohit Kumar, secured 51 more votes than Kuldeep Singh, who was earlier declared elected. The Court directed the Deputy Commissioner-cum-Election Officer, Panipat, to issue a notification within two days declaring Mohit Kumar as the elected Sarpanch of Gram Panchayat Buana Lakhu, Panipat.
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“There being prima facie no reason to doubt the report submitted by the Registrar of this Court, especially when the entire recounting has been videographed and signed by both parties, we are satisfied that the appellant deserves to be declared as the elected Sarpanch,” the bench of Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh observed.
Background of the Case
The election took place in November 2022. Initially, Kuldeep Singh was declared elected. However, due to an error in the counting at one booth, the Returning Officer ordered a recount, after which Mohit Kumar was shown as the winner. Aggrieved, Kuldeep Singh moved the High Court, which set aside Mohit Kumar’s election and reinstated Kuldeep Singh.
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Mohit Kumar then filed an election petition, leading to multiple legal rounds. In July 2024, the Supreme Court ordered production of EVMs before its Registrar for a fresh recount across all five booths. The Registrar’s report confirmed Mohit Kumar’s lead.
On August 11, the Court set aside the High Court’s decision and clarified that Mohit Kumar could assume office as Sarpanch. However, other pending issues between parties may still be examined by the Election Tribunal, though the recount report is final and binding.
Case Type: Sarpanch Election Result Dispute (Gram Panchayat Election – Haryana)
Gram Panchayat: Buana Lakhu, District Panipat, Haryana
Election Date: 22 November 2022
Parties:
Petitioner – Mohit Kumar
Respondent No.1 – Kuldeep Singh