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Reading: Document Related To An Election Must Be Preserved: SC Orders Recount In UP Gram Pradhan Election
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ApniLaw > Blog > News > Document Related To An Election Must Be Preserved: SC Orders Recount In UP Gram Pradhan Election
NewsSupreme Court

Document Related To An Election Must Be Preserved: SC Orders Recount In UP Gram Pradhan Election

Amna Kabeer
Last updated: March 8, 2025 11:07 pm
Amna Kabeer
4 months ago
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Supreme Court of India
Supreme Court of India
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Missing Election Records Raise Questions on Vote Count

The Supreme Court has ruled that every document related to an election must be preserved, emphasizing the importance of transparency in the electoral process. The judgment came in response to a dispute over the 2021 Gram Pradhan election in Uttar Pradesh. Discrepancies in vote counting and missing records led to legal challenges.

Contents
Missing Election Records Raise Questions on Vote CountBackground : Missing Records Justify RecountKey Observations by the Supreme Court:Court Orders Recount Due To Missing DocumentsWhat Is the Right to Vote?


A bench comprising Justice Sanjay Karol and Justice NK Singh set aside an Allahabad High Court order. It had quashed the Sub Divisional Magistrate’s direction for a recount. The Court stressed that the absence of crucial records, such as the Presiding Officer’s diary. This made the final vote count questionable.

Background : Missing Records Justify Recount

The case involved a dispute where the total votes initially informed to the appellant were 1193. The official declaration recorded 1213 votes, a difference of 19 votes. While the respondent won by 37 votes, the Supreme Court clarified that its concern was not about the winner but the integrity of the election process.

Key Observations by the Supreme Court:

Every vote holds value and must be accounted for, regardless of its impact on the final result.
Candidates have the right to inspect voting records to ensure transparency.
Missing election documents create doubt about the accuracy of the results.

Court Orders Recount Due To Missing Documents

Quoting Winston Churchill, Justice Karol emphasized that democracy’s essence lies in the simple act of casting a vote. The judgment reaffirmed that elections provide equality to all citizens, regardless of social and economic disparities.
The Court ordered a recount, citing that three of the four candidates questioned the election’s fairness. Crucial documents were missing without explanation. It reiterated that electoral processes must align with constitutional principles and established norms to ensure legitimacy.

What Is the Right to Vote?

The right to vote in India allows citizens to choose their leaders. It is a fundamental right under democracy. The Indian Constitution guarantees this right to every eligible citizen.

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TAGGED:ElectionElection Commission of Indiaelection documentsSupreme Court
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